HomeMy WebLinkAbout10-11-99 PC PACKET G E N D A
TUSTIN PLANNING COMMISSION
. REGULAR MEETING .
OCTOBER 11, 1999
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_ CALL TO ORDER: p.m., City Council Chambers
PLEDGE of ALLEGIANCE: Chairperson Kozak .
ROLL CALL: Chairperson . Kozak, Bell, Davert, Ka rashima and
Iontious
PUBLIC CONCERNS: (Limited to 3 minutes per person for iters not on the agenda.)
At this time members of the public may address the
Commission regarding any items not on the agenda and }
within the subject matter jurisdiction of the Commission NO
action can be taken off-agenda items unless authorized by
lair).
.1F YOU WISH TO ADDRESS THE COMMISSION ON AN
MATTER, PLEASE FILL OUT ONE OF THE DARDS '
LOCATED ON THE SPEAKEF 's TABLE BO THAT YOUR
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REMARKS ON THE TAPE RECORDING DING OTHE MEETING
CAN BE ATTRIBUTED TO YOU. WHEN YOU BTATO
ADDRESS THE COMMISSION, PLEASE STATE YOUR
FULL NAME AND ADDRESS FOR THE RECORD.
IF YOU REQUIRE E SPECIAL ACCOMMODATIONS, PLEASE
CONTACT THE PLANNING COMMISSION SECRETARY RY AT
(714) 573-3106.
CONSENT CALENDAR: ALL MATTERS LISTED UNDER CONSENT T CALENDAF
ARE CONSIDERED ROUTINE AND WILL. BE ENACTED B .
ONE MOTION. THERE WILL BE NO SEPARATE
DISCUSSION OF THESE ITEMS PRIOR TO THE TIME OF
THE VOTING ON THE !MOTION UNLESS MEMBERS OF
THE COMMISSION, STAFF OR PUBLIC REQUEST
UEST
SPECIFIC ITEMS TO BE DISCUSSED AND/OIC REMOVED
FROM THE CONSENT CALENDAR FOR SEPARATE
ACTION.-
Planning Commission Agenda
October 11, 1999
Page 2
CONSENT CALENDAR:
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_ 1. Minutes of the September 27, 1999 Planning Commission Meeting..
PUBLIC HEARINGS:
20 i Tentative Parcel Mai) 9-19 a request to combine tyro 2 parcels to allow for the
construction of a 3,322 square foot restaurant with drive-thru service. The project
is located at 13922 Red Hill Avenue within the central Commercial c-2 zoning
d i s tri ct. •
OWNER:R: EDGAR PAN KEY TRUST
• APPLICANT: KEIT J. BIDKELL,
CONSOLIDATED RESTAURANTS O CALIFORNIA
Recommendation
. Adopt Resolution No. 3694 rec6mmending that the City Council approve
Tentative Parcel Map 99-197.
Presentation: Bradley Evanson, Assistant Planner
Amendment to Conditional Use Permit 97-005 and Design Review 97,-009 a
request to amend Condition 1.3 of Planning Commission Resolution No. 3534 to
extend the expiration of the approvals of Conditional Use Permit 97-005 and
Design-Review 97-009 by twenty-four 2 months to December 1, 2991. The
project is located at 535 East Main Street within the C-2 P Central Commercial,
ial,
Parking Overlay zoning district. a
APPLICANT. BENNETT ARCHITECTS
GRECS BEN ETTPROPERTY
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OWNERS: HOWARD PERRA D, RAMESH BAJARIA, A[ D
REKHA BAJARIA
Recommendation
That the Planning Commission adopt resolution No. 3695 approving an
amendment to Conditional Use Permit CUP 97-995 and Design Review
(DR) 9 -009 extending the expiration of the project approval by sic (6)
months to June 1, 2900.
Presentation:Bradley Evanson, Assistant Planner
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Planning Commission Agenda
October 11 P 1999
Page 3
REGULAR BUSINESS
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. Regular Business -
STAFF CONCERNS:
CERNS:
o Report on Actions taken at the October 4, 1999 Ci council Meetings
Presentation: Elizabeth A. Binsack,, Director of Community D vr rn n
ADJOURNMENT:
A regular meeting of the Planning Commission will: be held on Octob6r 25, 1999
beginning at 7:99 p.m., City Council CF rnb r , 309 Centennial Way, Tustin. i
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MINUTES _
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TUSTIN PLANNING COMMISSION
MISSIO
REGULAR MEETING
SEPTEMBER 27, 1999
CALL To ORDER: 7:00 p.m., City Council Chambers
PLEDGE of ALLEGIANCE: Commissioner Ka a pima
BOLL CALL:
Commissioners:
Present: Chairperson Kozak
Vice Chair Da erg
Bell
Ka rashima
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Pontlous
Absent: None
Staff: Elizabeth A. Binsack, Director of Community Development
Lois Bobak, Deputy City Attorney
Karen Peterson, Acting Senior Planner
Lori Ludi, Associate Planner
{ Justina Wili om, Associate Planner
. Doi ls.Anderson, Senior Project ilanar-Traffic
Kathy Martin, Recording Secretary
PUBLIC CONCERNS:
No Public Concerns were expressed.
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CONSENT CALENDAR: .
1. Minutes of the September 1 'I999-Plan-niong Commission I leetin .
Commissioner D v rt moved Commissioner P nti us s nded, to approve the
minutes. Motion carried 4,0, Commissioner Ka xra pima abstained due to his
absence at the September 13, 1999.meeting.
Planning Commission sion [Minutes
September 27, 1999 i
Page 2
PUBLIC HEARINGS:
2* ZONE CHANGE 98-006 AND DESIGN REVIEW IEW 9 -036 a request to change the
zoning designation from Residential Single Family — Garden office to Garden
Office within the Newport port Warren Planned Community on a .7 — acre site and
authorization to construct a 4,779 square foot one-story medical/dental office
building and a 2,726 square foot one--story medical/dental office building. The
project is located at 12569 Newport port Avenue with the Planned Community zoning
district.
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APPLICANT: DENNIS CLAUS
WESTGATE PROPERTIES
P o P E TY
OWNER: DENNIS CLADS
WESTGATE PROPERTIES
RECOMMENDATION
1. Adopt resolution leo. 3699 recommending approval of the
environmental documentation for the project.
. Adopt Resolution No. 3691 recommending that the city council
approve Zone Change -096.
+ 3. Adopt Resolution No. 3692 recommending approval of Design
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Review 9 -036.
The Public Hearing opened at 7:02 p.m.
Lori Ludi presented the subject report.
Commissioner Davert noted that the zone change would eliminate spot zoning much like
Dr.;Eeldenls project and asked Doug Anderson if compact spaces were Mill allowed.
Doug Anderson responded that compact spaces were still allowed.
chair erson Kozak asked about the setback alternatives available to the applicant
without requesting a variance.
Lori Ludi replied that one alternative would be to switch the locations of the handicap
parking space and the trash enclosure which mould allow a larger buffer.
Hal Moods, architect, stated that he'finds the conditions of approval acceptable and
noted that they prefer to keep the trash enclosure farther away from,the residential area.
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Planning Commission Minutes
September 2 , 1999
Page 3
He further stated that they lost two 2 paring spaces with-the easement on the north
side of the property.
Chair arson KO' zak asked the applicant if the easement'covers the open drainage swale
and aced if the applicant would cover the Swale and have the development 90 all the
way to the property rine.
Hal- Woods stated that the easement does cover the open drainage swale but actually
moved the building back five feet further than what the code requires- on the north
property line to gine the. City's maintenance department the ability to service the
easement in the future.
Doug Anderson noted: that the easement currently drains the private property in the
coup and conveys water to Newport Avenue and thea i - sewer line underneath that
serves the residential properties. He further stated that there does not appear to be a
need to cover the swaie.
Chairperson Kozak stated his concern about the aesthetics of tvvo block walls.
Millard Black, 1342 Cameron Lane, stated that the easement runs -through his Property
and the water comes down through his property and poses a mosquito hazard.
Bruce Junor, Foothill Communities, presented a letter from Foothill Communities to the
Commission and stated that the City should not rezone the property and continue to
maintain the zoning in the North Tustin Specific Plan.
Commissioner Davert asked staff if the property is ander the jurisdiction of the North
Tustin Specific Pian.
The Director stated that the Newport-Warren Planned Community Regulations are the
zoning fof the property.
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Dennis Hamilton, 18681 Eunice Place, stated his concerns with the rezoning; placement
of air conditioning on the roof and stated he liked the design.
4 The Director stated that in Resolution No. 3692, Condition 2.10.8 requires that anything
that is roof-mounted be screened and Condition 2.1 o.12 requires that any rooftop
equipment ent including vents and exhaust shall comply with the City of Tustin noise
Ordinance.
Commissioner Davert asked if there was on-street parking along Newport Avenue at that
point.
Planning Commission Minutes
September 2 , 1.999
Page
Doug Anderson responded that thbre is no on-street parking at that point on Newport
Avenue.
Clancy Hamilton, 18681 Eunice Plane, expressed her-concerns frith the'-rezoning of the
property and,adeqWate landscaping.
Commissioner D v r asked if a two or three story development would be allowed if the
piing remained the same and noted his belief that the conditions of approval address
the'issue of landscaping.
The Director replied that the maximum height permitted would be thirty five feet (35')
which would permit a two story d v i prn nt and noted that Condition 2.12.3 would
require the final landscape plan-be reviewed arnd approved by Community Development
Department staff.
Dennis Claus, applicant, stated that he believes Hal Woods did ar terrific job designing the
project to fit into the community and thanked the Planning Commission for their
consideration.
The Public bearing closed at 7:36 p.m.
Commissioner Dary rt noted that the zone change makes the zoning consistent and i
pleased to see the lot consolidation. He,further noted his concerns in regards to the eight
foot ' buffer issue and does nourish to see the trash enclosure relocated.
Commissioner Pontious stated her agreement with Commissioner Davert and noted the
building its inline with the original zoning and her wish to look at changing the parking
configuration to enable the applicant to provide an eight foot ' buffer.
Commissioner Kar ashima noted his concern with moving the handicap paT ing space.
The Director noted that Title 24 requires direct accessibility to the building or the closest
location needs to be provided for disabled access.
Commissioner Bell stated that she shames the salve concerns ,of the other
Commissioners.
. The Director {started other alternatives available to the applicant include: reduce the
;overall square footage of the buildings so that additional parking would not, be required or
request ar miner adjustment which would allow ar twenty percent reduction ire parking.
Chairperson Kozak asked for the applicant to address the possibility of reducing the size
f the southerly building.
Planning Commission !Minutes F
se ternber2 , 1999
Page 5j -
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The director noted that the applicant can either reduce the size or increase the general
office area which is a reduction in parking ratio as well.
The director Mated that the Commission mission would need to continue the hearing to allow staff
time to notice a minor adjustment or variance.
Chairperson Kozak stated his wish to eliminate the easement "tunnel".
Cornmsioner- Davert stated the Commission.is not willing to compromise on the buffer
and asked the applicant if they were amenable to a continuance. F
Hal Woods, architect, discussed charges to the parking layout while referring to the
overhead. f
The Director- noted that lsolution No. 3692 reguir'•es °the eight feet wide landscape
buffer and stated her desire toavoid site planning. at the public hearing because
without -reali in it, variances are roared. she further noted that if the
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conditions are left as they are, staff can look at the modifc tions, which are ,relath ely
minor. if the applicant is able to accomplish this then' it can be approved at staff level. If
the' applicant is not bb.t to,accomplish the buffer, they can request a minor adjustment
before the zoning administrator or bring a variance request to the Commission.
Hal !foods, architect, noted that the property does not drain into the channel and he is
concerned about the costs to the applicant.
Co"m missioner Davert noted that the project may exacerbate the problem by creating the
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tunnel effect.
The l ,
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* if suggested that the Publib Works Department determine what responsibilities
the city and developer have in that regard.
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The-meeting recessed at 7:56 p.m.
The meeting reconvened at 8:04 p.m.
The Director noted that there were concerns of-creating a tunnel effect with an additional
wall. on the norther!y property line and noted that there will be somewhat because of the
location of the building but there will,not be an additional wall constructed there.
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Chairperson Kozak asked if staff discussed covering the concrete swale.
The Director ter stated that the issue could be included as a condition for the Works
Department and the,developer to loch into but is really a larger- issue than the application
before the Commission this evening. f
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Planning Commission Minutes
September 27, 1999 .- .
-Page 6.
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chairperson Kozak re q- uest6d,that a condition be included to address the covering of the t
swale and wrought iron fencing be installed.
Hal Woods, architect, noted that th . wrought iron fencing was done for-Dr. elden's
a project and could also. be used for this proje t. H further stated that M'�. Claus believes
_ they cin reduce the building size from 2,700 square feet to 2,500 square feet which
would aIlow the eight,fo bt buffer-along the residential.
chair erson Kozak noted that in the .modifications, he wished to ensure that the trash
enclosure remain where it is located.
Commissioner, Davert noted that there may -be concerns with Public V'-Vorksabilityto
access where the fencing is located. w
Lois-Bo , Deputy-City Attorne , noted that s long as PublicWorks' ,ha access without
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destroying the fencing, then it will not be a problem..
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Hal Wods, architect, noted that a man gate would be installed-on either gide.
Commissioner Davert moved . -Commissioner issioner P ritious- seconded, to, adopt
Resolution No. 3699 recommending approval of the- environment l
documentation.for the project. Motion carried -0.
Commissioner 'Davert moved -:Commissioner, Pontious seconded, to adopt
Resolution 1 . 1 recommending that the city council approve Zone Change,.98-
Motion carried - . A i
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Commissioner ]avert moved -Commissioner Pontrous seconded, to adopt
-Resolution-No. 3692. recomm ndin ,approval-of Design Review 98-036 amended as .
follows: ,
Condition 2.9.10 be modified to include second sentence YA wrought -iron
gate shall be provided to..secure the drainarge easement subject to the
satisfaction of the Public Works Director."
Condition 6.8 be added to -read: "The applicant shall work With, the Public
Works s D e Oa rtm ent to,address issues related to the drainage-s ale subject to
the approval of the Pubic Works s Director. 7
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Motion carved -0.
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. Drift ordinance No. 1222 - Density Bonus ordinance —-This tensity Bonus
Ordinance i intended-to provide incentives for the production,.of housing for veal
* lover, lower income or senior households in accordance with*sectins 65915, and
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Planning Commission ion Minutes .
September 27, 1999
Page 7
65917 of-the California Govern ment:r-Code. In enacting :this ordinance, it is the
intent of the City of Tustin to facilitate the development of affordable housing and
to implement the goals: objectives a and policies of the City's Housing Element.
The Planning Commission may modify the proposed draft ordinance as a result
of the public hearing:
RECOMMENDATION
That the Planning Commission:
I. Adopt F esolutin 1 o. 3575 re ori mending that the Cats Council
ado the final Negative Declaration as required by the California
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Environmental QualityAct; and,
2. Adopt Resolution No. 3693 recommending. that the City Council
- adopt the proposed Density Bonus Ordinance.
The PubliC Hearing opened at 1.2 p.m.
Justlna Willlorn, Associate Planner, presented the subject report..
Commissioner Davert asked in reference to the first page of the staff report, if "the
dep rtmenf' is the Community Development Department or the State?
Karen Peterson Acting Senior Planner stated that refers to the State Department of
Housing.
Commissioner Davert asked ed if•Policy 1.2 applies to both acquisition and rehabilitation.
The Director stated that it would provide for both but targets new construction because
of the difficulty accomplishing that on a site that is currently developed.
Commissioner Davert asked if the-section "Proposed Density Bonus" applies std tly to
new construction.
The Director noted .that it could be both new construction and rehabilitation.
-Commissioner Davert noted the asterisk states that the density bonus units are not
included in calculating the target units in' the example on Page 4 and asked if that is the
gray the State cede reads? .
Staff affirmed that i -the gray the State code reads.
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. Planning Corr mission 'il mutes .
September 27, 1909 `
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The Director noted; that `a, majority f they things in the Density Bonus ordinance are
mandarted -by State lair and the City o uld provide 'additional: incentives that are not
identified under State law but staff-wished to. o-with the minimum required.
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Lois Bobak, Deput' City Attorney, noted that all of the incentives are discretionary..
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Chairperson Kozak stated that his concerns were addressed .by staff earlier today and
noted that staff`used a model ordinance from the State.
Commissioner Kawashirna asked for the location of the proposed .project,.,
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The Director stated. that without.discussingthe merit of the project, a6 -application i �
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+ pending on the vacant situ near the hopiti: 4
The Public Hearing closed at 80.22 p.m.
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Com M-issioner Davert moved Commissioner Pontious seconded, to adopt
Resolution No. 3675 recommending that the City Council adopt the final t' egatiVe
Dec-laration as required by-the California EQuality Act. Motion carried
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D mmisstoner Davert moved Commissioner* Pontious seconded, to adopt
Res-olution No. 3693 recommending that the City Council. Adopt the proposed
Density Bon s ordinance. notion carried .,o..
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REGULAR BUSINESS
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o°fieg ular Business
STAFF CONCERNS.
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- . Report on Actions taken at the Seiitember 20 1999 Cily Council Meetin s
`Elizabeth A.- Binsa , ;Director of Community Development reported On the subject .-
agenda.
ubject ._ager a. ~,
COMMISSION CONCERNS:
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Commissioner Bell - F
- Noted that the fire hydrants in her neighborhood were rusty and asked who
was responsible for maintaining fire hydrants in the city. }
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Planning Commission Minutes .
September 2 , 1999
Page 9 .
The Director -res onded that the orange County Fire- Authority CFA wound be
responsible for maintainingthe fire hydrants and staff would report their
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deteriorating.condition to the OCTA-
Commissioner
CTA.Corrmis ioner i ai ert
- - toted thep resence of a pay phone ands the proliferation. of banners at the
* .fed Hill Restaurant.
The erector stated y
that the. would chock the. conditions of approval for the
restaurant and report the banners to code enforcement staff.
Chair arson Kozak * i
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* of-mounted equipment at the Red Hill Restaurant was visible
Dated that ro � p
4 from the street and believed that the Commission conditioned the
e uiprnent to be.screened.
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The Director stated that staff -would check the.conditions of appr val and follow--asp
with the restaurant-owner; J `
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Inquired about work at the architect's net to Jiffy Lube and asked if the
cinderblock would be treated .
The Director noted that Surfas Furriers is relocating to that building and the Work
wasprobabl the installation of cooling units for fur- storage and affirmed that the.
cinderblock would be treated.
Commissioner Pontious
Noted-theNoted-Ahe presence of a pay a prnhone at the eican restaurant adjacent to
. . the Fled Hill Restaurant.
The Director stated that staff would look into the possibility of regulating existing
pay phones.
Commissioner Kawashirna .
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- ked about the change` in si a at the Tustin Marl etPlace.
., As signage
The Director responded that the developer felt the center would be more'
marketable-under the carne naive.
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Planning Commission Minutes-
S pternber 27, 1999 i
Page 10 -
' - Stated that two of his neighbors called him, with their co'ncerns about a
parole office locating in Tustin. ..
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The Director stated that there has been notification frofn the state of a possible
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location in Tustin. staff was researching--the issue and the inf rr,ation has been
{ - forwarded to-the Tustin Police Department.
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ADJOURNMENT:
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Commissioner Pontio' us moved Commissioner Dai ert seconded, -to adjourn the
meeting at :31 p,m. Motion carried - . r
'regular meeting of the Planning Commission on will be held on Dabber 11,. 1999
beginning aft 7:09 p.m., C Council Chambers, 399 Centennial Way, Tustin.
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Stephen ...Kota
Chairperson
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Elizabeth A. Binsaol
Planning Commission Seor tary
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-ITEC #2 `
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eport the
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DATE. OCTOBER 11, 1999 }
'SUBJECT: PUBLIC HEARING'FOR TENTATIVE PARCEL MAP 99-197"
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OWNER. EDGAR PANkEY TRUST
320 WEST MAIN STREET
.i
TUSTI , CA 92780 i
APPLICANT. SCENT J. DIBRELL F
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CONSOLIDATED L1DATED RESTAURANTS OF CALIFORNIA
15375 BARRANCA PARKWAY O-'195
IRVINE, CA 92619 .
LOCATION: 13922 RED HILL AVENUE
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ZONING: - CENTRAL COMMERCIAL C-2
ENVIRONMENTAL
TAL
STATUS: THIS PROJECT INVOLVES THE DIVISION OF COMMERCIAL
} LAND INTO- ..FEVER THAN FOUR PARCELS AND Is
�DATEGORICALLY' EXEMPT PURSUANT TO SECTION 15315 OF
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.
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REQUEST:' A REQUEST TO COMBINE TWO 12 PARCELS LOCATED AT
13922 RED HILL AVENUE TO ALLOW FOR THE
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CONSTRUCTIO OF A 3,322 SQUARE FOOT RESTAURANT
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4 WITH DRI E-THRU SERVICE,
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RECOMMENDATION
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Adopt Resolution No. 3 9 ,re orr men .ing that the City.Council pprove Tentative Parcel
Map 99-197.
BACKGROUND
On July 12, 1999, the Planning-Comm' i si n approved-Conditional Use Permit 99-002(A),
Design 'Review 99-001 and sign Code Exception-99-001(A). This approval authorized ,
the construction of3,322 square foot 9farst-food restaurant end: ' ' ith 'a drive-thru
facility land the installation of four gall signs on a vacant 39j000 square foot site at
.13922 Tied !--Till Avenue. The project .site consists Oftwo 2 vacant ,parcels. Condition,
No. 2.11 -of Resolution leo: 3681 -required that th6 applicant consolidate the affected i
pa rcels into one parcel prior to issuance of building permits. i f
Public H adng
TPM g-19
October I 1, 1999
Page 2 -
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Site and Surroundings Properties
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The project site is located at the southeast corner of Iced Hill Avenue and El Camino teal
(see Location Map - Attachment A). A freeway on-ramp and a service station are located
across Fled Hill Avenue to the west, and a service station and retail commercial center
are located to the north across E1 Camino teal. The 1-5 Santa Ana Freeway is located to
the south and the freeway rig-ht-of-way and a hotel are located to the east along El
Camino Real. i
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DISCUSSION.A 1D ANALYSIS
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The project site at 13922 Red Hill Avenue consists of one 1 19,616 square foot parcel
and one 119,707 square foot parcel. The configuration of the site plan approved under
4 CUP 99-002(A) and Design Review 99-001 would pl.ace the existing parcel line in the
middle of the proposed dining area of the restaurant. The Uniform Building Code requires
that, if a building crosses a property line that there be a "fire--rated" Wall along the property
line. Thin is to limit liability should one of the panels fall under different ownership than
the other, and a fire or similar disaster occurs. As it would be impracti.cai to construct
such a dividing wall in -the muddle ofthe proposed dining room, the applicant-is pursing a
parcel snap to c6mbine the two parcels into one.
The.tentative panel reap is generally in compliance with state and City requirements
(Attachment E . Conditions of approval contained in Exhibit A of resolution No. 3694
are included to ensure compliance with the subdivision Map Act and the City of Tustin
Subdivision ]Manual. All conditions of appr val for CUP 99-002(A) and' DFS 99-001
contained in Exhibit A of Resolution No. 3681 (Attachment C) are also applicable to this
project. In particular, Condition 4.15 of Resolution No. 3681 required the,property owner
to dedicate to the City land for future right-of-way improvements to Fled }-dill Avenue and
El Camino Teal. Condition 1.3 of Resolution olution 3694 details the specific area of dedication
to ensure that future traffic volume can be accommodated. This area of dedication has
been included on the Tentative Panel Map.
�aWy i. Karen Peterson
Asci tent &f119/rKr Actin senior Planner
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BE:Tpm99197pereport ;
Attachments: A- Location Map
-Tentative Parcel Map 99-197
C - Resolution No. 3681
D Resolution No. 3694
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ATTACHMENT A
LOCATION MAP
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ATTACHMENT B
TENTATIVE PARCEL MAP 99-197
TENNOVE PARCEL � NO,
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ATTACHMENT C
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PLANNING CRESOLUTION � r
1J . .140m 3681 .
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{
RESOLUTION N . 3681
' A RESOLUTION F THE PLANNING COMMISSION MISSIO 017 THE
CITY'OF TUSTII , APPROVING CONDITIONAL USE PERMIT 99-
002(A),
9-
go2 A t DESIGN REVIEW 99-001 AND SIGN CODE EXCEPTloi
99-001(A), AUTHORIZING THE CONSTRUCTION of A FAST
FOOD RESTAURANT WITH F I E-THRU SERVICE AND
FL1r
(4) WALL SIGNS TOTALLING 121 SQUARE FEET of AREA ON .
A VACANT PARCEL LOCATED AT 13922 RED HILL AVE NUE.
i
Th6 Planning Commission does hereby resolve as follows:
7
1. The Planning Commission ion finds and determines as follows; . .
A. That a proper application- for Conditional Use Permit 99-002(A),
Design levier 99-001 and Sign Code Exception 99-001(A)
10 filed by lent Bickell of Consolidated Restaurants of California on
behalf of. the propertyownersto requestuet authorization for
construction i
of a 3,322 square foot fast food restaurant with drive-
thru service, and installation of four 4 'wall on Vacant parcel
located at 13922 Fled Mill Avenue, more specifically described as
Assessor's Parcel Nos. 500-021-02 and 509-921-04,
13
That -the, proposed use is aIlowed within the c-2 Central
14 Commercial District, with the approval of - Conditional Use Permit
(TCC Section .9 3 C g and a Sign Code Exception (TCC
1 Section 9405(0) .
F
16 C. That a public hearing was duly called, noticed and held on said
17 application-on July 12, 1999 by.tire Planning Commis ion.
D. That the establishment,' rnaintenance�and -operation of-the uses
applied for ill net under the circumstances mstanc of this case, be-
19
1 detrimental to the health, pafety, morals, comfort, or'general welfare
of the persons residing or working in the neighborhood of such
20 proposed. use, nor be injurious or detrimental to the property and
F improvements in the neighborhood of the subject property, or to the
21 general welfare of the city of Tustin, as evidenced by the following findings.-
22
23 1On-site traffic concerns could be mitigated through the
implementation of the improvements identified in the
24
applicant's traffic study and recommended by the city's
Traffic Engineer.
25
2 As. bonditioned, light glare and noise from the drive-thru
' facility would be screened through the- use of proposed site
27 x and landscaping improvements.
. 3 The hours of operation would be limited to 6:09 a.m. to 1:00 +
.m., daily.
9
1 F esolutio' n No.3681
Page 2 .
2
4) All operations, including the drive-thru and menu board
shall comply with the,City ofTustin Nie Ordinance.
E. Pursuant to Section 9272 of the Tustin Municipal Code, the
Commission finds.that the location, size, architectural features and
general appearance- of Design Review -001, as conditioned, will
not impair the orderly and harmonious development of the area, the
present or !future development therein, or the occupancy as a
7 whole. In making such findings, the Commission has considered alt
lea t.the following iters:
i
} - IHeight, bulb and area of buildings.
g
2. Setbacks and site planning.-
10
. Exterior materials and colors.
11
12 . Type and pitch of roofs.
13 5. Size and spacing ofwindo s, doors and other openings.
14 . Towers, chimneys; roof structures, flagpoles, radio and
} television antennae.
1
. Landscaping, parking area design and traffic circulation.
.1
. Location, height and standards of exterior illumination.
17
. Location and appearance of equipment located outside of
i ars enclosed structure:.
19
1 . Location and method of.refuse stora .
F ti/
i
20
11. Physical relationship of proposed structures to existing
1 - J y structures'in the neighborhood.
22 i 12.. Appearance+ and design relationship of proposed structures
to existing structures and possible future structures in the
3 neighborhood and public thoroughfares.
24 l 13. Proposed signage.
25 14. . Development Guidelines bnd criteria as adopted by the City
26 Council.
"7
28
29.
}
1 Resolution No.3681
Page
F. Pursuant to sign code section 9405c, the request to install the four
(4) wall signs can be supported by the following-findings:
1 sign size and placement restrictions of the sin code
shall,be closely followed as practicable.
The total area of the four proposed wall signs is less
than. the total allowable area for a pdrnary and two
secondary signs by approximately four square feet. Th'e
increased area for the three 3 secondary signs consistent
with the primary sign in size and design. All signs would be
installed on walls or parapets of the salve size
- - complementing the design of the-restaurant building.
10 2. The intent and purpose of the sign :regulations of the
rand use zone in which the sign is to be located shall be
followed as closely as practicable.
12
Thero oed wall signs will appear in scale with p p pp the project ,
.and are compatible with the project's color.palette.
13
14 - 3. There,are special circumstances unique to the property
to justify the eception.
1 '
- The project site Is roughly triangular in shape, and is,
16 bounded on two sides by public street rights-of-way and n
. the third side by a freeway off-ramp and overpass.
Consistent with thea purpose of the sign Code, the proposed
F wall signs would create better visibility given the project's }
is proximity to three 3 separate rights-of-way.
1
Granting of-the wall sign a ception will not havea
20 negative impact on surrounding properti s;
1 The proposed wail signs will not be detdrnental-to, or have a
negative effect on, surrounding properties in that the signs .
a are compatible with uses in the surrounding area in location,
size, and fabrication. The proposed wall signs complement
23 the architecture of the center and are directed away from
- adjacent residential properties.
4
25 The sign application promotes the public health, safety,
welfare and aesthetics of the community and that the
granting of the exception meets the findings and intent
. of the sign code.
27. The proposed sign would improve the aesthetics of the
28 subject property in that the signs are designed to be ars
_ integral component of the building architecture.
1Resoluflon No. 3681
Page
G. A Negative Declaration has been prepared and certified for this
project in accordance with the provisions of the California
Environmental Quality Act, CE A .
4
H. That the project has been reviewed for consistency with the. Air
Quality Sub-element of the City of Tustin General Plan and has
been determined to be consistent with the Air Quality Sub=element.
1. That the project has been reviewed for compliance with the
Americans with Disabilities Act of 1990 and It has been determined
that dedications of right-of-way at the drive apron and all radius type
driveways are necessary for compliance with the requirements of
ADA.
1 li. The Planning Commission hereby tales the f llo ring actions;
1. conditional Use Permit 99-002(A) and Design Review 99-001 to
12 authorize the construction of a 3,300 square foot fast food restaurant
with drier -thru service on two vacant parcels located at 13922 Rad Hill
•
13
LL Avenue, is approved subject to the conditions contained in Exhibit A,
. aftached hereto.
14 _
2. Sign Code Exception 99#001 A regarding the in tallatr n 6f four (4)
15 gall signs totaling approximately 121 square feet in area at the.subject
property, is approved subject to the conditions contained in Exhibit A,
16 attached hereto.
17 PASSED AND ADOPTED by the Planning Commission ion of the city of Tustin, at a
regular meeting on the 12th day of July, 1999.
1
1
a .1 IaU
1 - - E LIE A. P i TI US
22 Chairperson
3
op-
4 .
25
ELISABETH A. BINSACV
26 { Planning Commission Secretary .
7
Resolution No.3681
Page 5 .
+3 i
STATE OF CALIFORNIA,
COUNTY OF ORANGE
` # CITY OF TUSTIN
1, ELIZABETH A. BINSAC� , the undersigned, h r � cerci that'I arra the Planning
� certify rein
Commission Secretary f the City of Tustin, California; that R lution No. 3681
�r duly passed ted adopted t regular meeting f the Tustin Planning
C mmi i n, held n the 12th day of July, 1999,
7
ELIZABETH A. BINSACK .
Planning Commission n Secretary+
10 `
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EXHIBIT A +
CUP 99-002(A),, Did -001 AND SCE -DO I(A)
13922 RED HILL AVENUE {
CONDITIONS OF APPROVAL
RESOLUTION NO. 3681 +
GENERAL
1.1 The proposed project shall substantially conform with the submitted plans for the
project date stamped gully 12, 1999 on file with the Community Devel p"ment
Department, as herein modified, or unless otherwise indicated, as modified by the
Community Development Director in accordance with this Exhibit, The Director
may also approve subsequent minor modifications to pians during plan check if
such modifications are consistent with provisions of the Tustin City Code of.Other
4. applicable regulations.
(1) 1.2 Unless otherwise specified, the conditions. contained in .this Exhibit shall be +
complied with prior to the issuance of any building perm t for the 'project, subject
to review and approval by the Community Development Department.
(1) 1.3 The subject project approval shall become null and void unless permits for the
proposed project are issued arid- substantial construction is underway within
F eighteen 1months of -the date of this Exhibit. Time extensions may he
considered if a mitten request is received by the Community Development
} Department within-thirty.(30) days prior to expiration.
'1. . Approval of CUP g-002 , DR g - 1 and SCE -ooh '(1) _ � continent upon the
applicant and property owners signing-arid returning an "Agreement to Conditions .
IMposed".form as established by the Community Development Department.
(1) 1.5 The applicant shall bald harmless and defend the City of Tustin from all claims and
liabilities arising out of a challenge of -the City's approval of this project.
PLAN SUBMITTAL
(1) At building plan.check submittal the following shall be provided:
A. Construction plans, structural calculations, and Title 24 energy calculations.
Requirements of the most recently adopted Uniform Building Code, State
Disabled Access and Energy Requirements shall be complied with, a
i required by the Building Official. i
B. Preliminary technical details and plans for all utility installations .including
telephone, gas, water and electricity. Additionally, there shall be a note on
the plans stating that no field changes shall be made without corrections
submitted to and approved by the.Building Official.
SOURCE CODES
1STANDARD CONDITION RESPONSIBLE AGENCY
(2) CEQA MITIGATION E UIRE11 E TS
(3) UNIFORM BUILDING D DEIS LANDSCAPING GUIDELINES
(4) DESIGN REVIEW PDIDD POLICY
EXCEPTIONS
Exhibit A - -
lelution leo.8681
Page
C. Final grading and specifications consistent with the site plan and
i landscaping plans and prepared by a registered civil en 'ineer forPp roval
by the Community Development Department.
D. A -precise soils en sneering report provided by a civil engineer within the
previous twelve 1 months.
(3) 2.2 A surety/cash bond will. be required to assure work is completed in accordance
with;,'approved�plans. Bonds will be based upon the estimated cost of the
grading, drainage, and erosion control prig to the issuance of a grading permit.
(3) Two 2 disabled accessiblearkin aces shall be provided with an additional
p g p
five foot loading area with striping -and ramp; disabled persons shall be able to
park and access the,building without,passing behind another car. At least 'one 1 .
accessible space shall be van accessible served b� a rninimurn 96 inch wide
loading area.
(4) 2.4 At Building Plan Check, manufacturers details of all lighting fixtures and a lighting
plan which identifies the location, type of fixture,-and intensity of all a tedor building
mounted and free-standing lighting shall be provided. A note shall be provided on
the plans that "All parking areas shall be illuminated with a minimum of one
footcandle of light, and lighting shall not produce-light or glare or have negative
impact on adjacent properties." Provide a photometric study verifying compliance
with'this requirement. All light fixtures shall be architecturally coMpatible with the
proposed and existing structures.
(1) 2.5 Indicate.on the title sheet compliance with the folloWing codes, City, state and
l federal laws and regulations to include:
• 1997 Uniform Building Code with California Amendments
•-_ 1997 Uniform Mechanical and Plumbing Codes with California Amendments
• 1996 National Electrical code with California Amendment
F City of Tustin Grading and security Ordinance
• city of Tustin Landscaping and Irrigation Guidelines
• City of Tustin Private Irnpr vements standards
(1) Submit seven sets of building plans to the Building Division for review and
•. approval prior to the issuance of a building permit.
(1) 2.7 Submit seven sets of excavating/grading plans and two preliminary soils reports
to the Building Division for review and- approval prior to the issuance of a grading
. permit.,
(1) 2. - The engineer of record must submit a final compaction report to the Building
Division for review and approval prior to the issuane of a building permit:
(1) 2.9 The engineer- of record must submit a letter of pad certification. to the Building
Division for review and approval prior to the issuance of a building permit.
Exhibit A +
Resolution No.3681
Page
2.10 Drain gel vegetation, circulation, street/driveway section curbs guttLzrs,
sidewalks?? and storm drains shall comply with the City of Tustin Private
Improvement Standards.
(3) 2 A parcel map, consolidating all affected
parcels into n legal parcel will be
required prior to issuance of grading or building permits.
(5) 2.12 Pr nor to permit issuance, clearance from the Orange County Department i
Health D art
required.
SIGNS
(4) .1 Prior to issuance of a Certificate of Occupancy, complete sign plans shall be -
submitted which address all proposed w@11, directional, and address signs. The
existingpylon sign structure 'hall be removed. The*sign plans shall include
dimensions,
imen i n , materials,
colors, and method of illumination.
SITE AND BUILDING CONDITIONS
(4) 4.1 Provide exact details for exterior doors and window a on construction
. types plans.
(2)(5) All cooking in and,exhaust equipment
t fall utl` fest Available Control Technique
in accordance with Air uaty Ma-rfagenent
District standards to minimize smoke, .
odor and particulate emissions. i
(4) 4.3 All mechanical and electrical fixtures andul men shall be adequately
� pand
decoratively screened. The screen shall be considered as an element of the
overall design of the project and shall either blend with the architectural
deign of
the building or be integrated into the landscape design
4.4 All final colors and materials to be used shall be*sub' `
pct t review and approval by
the. Community Development Department. All e teri r treatments shall be `
coordinated with regard to color, materials and detailing and clearly noted on
submitted-construction plans and elevations.
(4) 4.5 Provide pl8ns and details of ali proposed fl titin fixtures and hot photometric
. . . .. i gp study
showing the location and anticipated distribution pattern of light-of allro c ed
fixtures. T �, n and
p
The Lure proposed shall be modified t be .decorative in des
consistent with the archil g
architecture � the building. Wall mounted fixtures shall be
directed at a 90 degree angle-dire tly downward. Parking area rc
lights shall project
g P �
light directly downward. All lighting shall a developed t rovide a mini
.- p rr�ur�n f
one (1) footcandle f light coverage, in accordance with the City's Secure Code.
_t
(4)
4.6 All exposed metal flashing or trim shall be palated to match the building.
(1) Dote on final plans that a six-foot-high chain link fence shall be installed around the .
site prior to building construction stages. Gated entrances shall hep ermitted alongi
thb perimeter of the site for construction vehicles. '
Exhibit
Resolution No.368
Page 4
.
(1) 4.8 E tedor elevations of the#building shell indicate any fixture' s or equipment to be .
located on the roof or exterior of the uildin-g, and the associated equipment
heights @nd dimensions. 'The building par@pet shall be an integral part of the
building de ■�gn, and shall screen all roof mounted equipment. All -roof-mounted
equipment and vents shall be a minimum of six inches below the top of the
parapet. All exterior equipment, including gas and electdc meters, shall either be
enclosed within the building or boxed behind a screen wall designed to be
consistent with the main.building.
(4) 4.9 All roof access shall bEi,provid d from the inside of the building.
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(4) 4.10 No exterior downspouts shall be permitted; all roof drainage shall utilize interior
piping, but may have exterior outlets at base of building.
(4) 4.11 Roof scuppers shall be installed with a special lip device so that overf=low drainage
will not stain the walls. -
(4) .1The landscapecraaning.and architectural design of the trash enclosure shall be
subject to approval by the Community Development Department.
(4) 4.13 A grading plan will be required based on the
Orange CountySurveyoes bench
mark datum.
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- 4.14 Drive aisle rnarking/striping shall reflect one-way travel around the building. In.,
addition to the directional striping on the plans, a right-tura only exit sign shall be }
- installed at the end of the dr7ve-thru aisle subject to review and approval by the
Community munit Development D partm nt and the,City's Traffic Engineer.
(4) 4.15 The property, owner shall dedicate a parcel twelve 12feat of additional street
right-of-way along El Caminb Real from the existing and curb return (ECR) at the
southeast corner of Red !-fill Avenue end EI Camino pearl; to the easterly
boundary*of the subject property, plus an additional parcel for the appropriate
corner cut-off from the existing begin curb return (Bol ) to the,-existing ECR at
the southeast corner of iced Hill Avenue and S Camino heal for future street -
widening. Provide legal descriptions and sket6hes as prepared by a California
Registered Civil Engineer ort California Licensed Land- Surveyor. These legal
descriptions and sketches are to be submitted to the Engineering Division for-
review and approval prior to issuance of building permits.
All dedications and/or offers of dedication ball also state that'the City of Tustin
• shall be permitted to obtain, at no cost, a right-of-entry for all'ori-site joins when,
the ultimate street improvernehts are constructed. The right-of-entry shall t
terminate on the date that the Notice of'Completion of Public lm' proverents is
- recorded at the Orange County Recorder's Office.
(4) 4.16 The project site should provide two bccess driveways onto El Camino Real. The
eastern driveway should,provide full access with one lane in and two lanes out,
end shall incorporate striping and signage:-to reflect this. The western driveway
,and
be restricted to right tura in/right tura out only with signing and striping and
provide one lane in and one lane out.
Exhibit A .
Resolution Ido.3681
Page
LANDSCAPING, GROUNDS A 1D HARDSCAPE ELEMENTS :
(1) 5.1 The applicant shall submit for plan cheep complete `detailed landscaping and
irrigation plans for all landscaping areas consistent, with adopted city of Tustin
Landscaping and Irrigation' Submittal Requirements and consistent with the
landscaping concept plan.
The applicant shall provide a summary table applying indexing identification t
plant materials in their- actual location. The plant table shall list botanical and
common names, sizes, spacing, actual location and quantity'of the plant materials
proposed. Show planting and berming details, soil preparation, staking, etc. The
irrigation plan shall show location and control of backflow prevention devices
(screened from vier from right-of-way and on-site by shrubs),,,pipe size, sprinkler
type, spacing and coverage. Details for -a'
eguiprnent'shall be provided. The
plans shall show all property lines on the landscaping and irrigation plan, public
right-of-waiy areas, sidewailk widths, parkway areas, existing landscaping and galls
and proposed never gall locations. The Department of Community Development
may request minor substitutions of plant materials or request additional sizing or .
quantity. Note on plans that adequacy of coverage of landscaping and irrigation T
materials is subject to field inspection at project completion by the .Department of
. Community Development.
(7) 5.2 The submitted landscaping plans at plan check shall reflect the following
{ requirements:
A. Shrubs shall be a minirnurn of five gallon size and shall be spaced a
minimum of eight_ feet on center when intended as screen planting.
B. Ground cover shall be planted between eight to twelve 12 inches on
center. .
C. - When 1 gallon plant sizes are used, the spacing may Crary according to
materials used.
D. All plant materials shall be inst sled in a healthy, vigorous condition typical
to the species and landscaping must be maintained in a neat and healthy
condition. This will include but not be limited- to trimming--, mowing,
weeding, removal of lifter, fertilizing, regUlar waterin , or replacement of
diseased or dead plants.
(1) 5.3A separate 24" X 361 street improvement plan, as prepared by a California
Registered civil Engineer, will be required for all construction within thep ublic
right-of-way. construction and/or replacement of any missing or damaged public
improvements will be required adjacent to this development. Said-plan shall
Include, but not limited to the following:
a.- curb and gutter
b. Sidewalk I including curb ramps for the physically disabled
C. Drive aprons i
d. Signing/striping plan
e. Domestic water facilities -
j f. - Underground utility connections
Exhibit A
Fool on No.368
Page
. Traffic signal plan
Inaddition, a 24" X " reproducible construction area traffic control plan, a
prepared By a California Registered Traffic Engineer or civil Engineer experienced
in this type of plan preparation will be required.
(1) 5.4 Preparation and submittal of a final grading plan showing all pertinent elevations a
they pertain to the public right-of-way' along with delineatinb the following
information:
a. Final street elevations at key locations.
b. Final-pad/finished floor elevations and key elevations for all site grading. All
pad elevations to be a minimum of 1.o foot above base flood elevations as
defined by FEMA.
C. -All flood hazards of record. +
(1) 5.5 Prior to any work in the public right-of-way, an Encroachment Permit must be
obtained from and applicable fees paid to the Public works Department. .
(4) . 5.6 All vehicle headlight'glare shall be adequately screened from view. Plans and
sections shall be provided to demonstrate adequate screening, subject to review
and approval of the Community Development Department.during building plan
check.
. (1) 5.7 Both horizontal and vertical intersection sight lines will need to be checked per
County of Orange Public Facilities and resources Department Standard No. 1117
for all affected streets. The site lines need to be shown on the grading plan and
landscape plan. All landscaping within the limited use area will need to comply
with county of Orange Public Facilities and Resources Department Standard No.
1117.
{ 5.8 This development shali comply with all applicable provision of the City of Tustin
Water Quality ordinance and all Federal, State and Regional water Quality control
Board rules and regulations.
5.9 The applicant small satisfy dedication and/or reservation requirements a
applicable, including but not limited to dedication of all required street and flood
'. control right-of-way easements, vehicular-access rights, sewer easements and
water easements defined and approved as to specific locations by the City
Engineer and other agencies.
NOISE
(5) .1 Al[ construction operations, including engine warm-up and deliveries of materials
and equipment, shall be subject to the. provisions of the Tustin Noise ordinance
and shall take place only between the hours of 7:00 a.m. and :oo p.m., Monday
through Friday, and between 9:00 a.m. and 5:00 p.m. on Saturday, unless
otherwise determined by the Building Official.
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Exhibit A .
Folution No.868' -
Page
(5) .2 All fuses and operations on the site shall comply with the city's noise Ordinance.
Speakers used in conjunction with the menu board shall be oriented so as t
y
prjct sound array from residential properties.
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(2) 6.3 Should the noise prcdued by restaurant operations become a nuisance, the
applicant shall be required to prepare a noise study to ascertain compliance.with
the city of Tustin poise ordinance, and implement mitigation measures identified
by the noise study.
(5) .4 construction hours shall be clearly posted on the project site to the satisfaction of
the Building Official.
FIRE AUTHORITY -
(5) .1 Obtain written approval from the Fire chief of all-fire protection easements ai d
submit to the Community Development Department in conjunction with the next
• submittal. Fire protection easements shall be dedicated to the county/city. The
approval of the Fire Chief is required for any modifications such as speed bumps,
control gates or other changes within said easements . Roadways must extend to
within 150 feet of all portions of the exterior of any structure and must meet
specified criteria such as width, pavement characteristics, roadway gradient,
turning radius, etc.
(5) .2 obtain written approval from the Fire Chief for street improvement plans with fire
lanes shown and submit to the community Development Department in
- conjunction with the next submittal. Thb plans shall indicate the locations of red
curbing and signage. A drawing of the proposed signage with the height, stroke
and dolor of lettering, and the contrasting background color shall be submitted to
and approved by the Fire chief. -
(5) .3 Prior to the issuance of a certificate of use and occupancy, the approved fire lane-
marking pian shall be installed. The plans shall include a fire -lane map and
provisions prohibiting paring in the fire lanes. .A method of enforcement shall be
included.
(5) Prior to the issuance of any building permits, the applicant shall submit to the Fire
Chief evidence of the ori-site fire hydrant system and indicate whether it i public or
. private. if the system is private, the system shall be reviewed and approved by the
Fire Chief prior to the issuance of.building permits. Provisions shall be}made by
the applicant for the repair and maintenance f the tern, in a manner approved
by the Fire chief.
(5) 7.5 Prior to the issuance of a buildingpermit, the applicant shall submit plans for. the
p pp
review and approval of the Fire chief. The applicant shall include information on
. the plans required by the Fire chief. contact the Orange county Fire Authodt r
Plans Review r Section at (714) 744-0403 for the Fire Safety/Architectural Notes to
be placed on the plans. i
Exhibit A
Resolution olution leo.3681
Page
(5) 7.6 Prior to installation, plans for an approved fire-suppression system. for the
protection of commercial-type cooking equipment shall be 'submitted to the Fire
Chief for review and approval.
USE RESTRICTIONS
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.1 Hours of operation of the restaurant and drive thru lane shall be limited to :00
a.m. to 1:00 a.m. daily.
(1) 8.2 The owners shall be responsible for the daily maintenanc& and up-keep of the
facility, including but not limited to trash removal, painting, graffiti removal and
maintenance of improvements to ensure that the facilities are maintained in a neat
and attractive manner. All graffiti shall be removed within 72 hours of a complaint
being transmitted by the City to the propel owner. Failure to maintain Said
structures and adjacent facilities' will be grounds for City enforcement of its
Property Maintenance Ordinance, including nuisance abatement procedures.
FEES '
(1) Pnor to issuance of any building permits, payment shall be made of all applicable
(5) fees, including b-ut not limited to the following. Payment shall b required based
upon those rates in effect at the timeof payment and are subject to change.
A. Building plan check and permit fees to the Community Development
Department based on the most current schedule.
B. Serer connection fees to. the Orange County Sanitation District. The
current fee i $472 per.'1,000 square feet minimum $2,360). This fee will
apply to any new construction.
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C. Orange County Fire Authority plan check and inspection fees to the
Community Development Department based upon the most current
schedule.
D, Transportation System Improvement Program (TSIP), Benefit Area "Bre
fees in the amount of$3.31 per square foot of nes building area.
E. Major thoroughfare and bridge fees in the amount of$2.96 per square feet
of new building area.
(1) .2 Within forty-eight hours of approval of the subject project, the applicant shall
pP p 1
(5) deliver to the Community Development Department, a CASHIER'S CHECK
payable to the COUNTY CLERK in the amount of $38.00 (thirty-eight dollars) to
enable the City to file the appropriate environmental documentation for the project.
If within such forty-eight 3 hour period that applicant has net delivered to the
Community Development Department the above-noted check, the statute of
limitations for any interested party to challenge the environmental determination
i under the provisions of the California Environmental Quality Act could be
significantly lengthened.
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ATTACHMENT D
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RESOLUTIONO
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NO.
3694 ,
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RESOLUTION NO.
A RESOLUTION of THE PLANNING COMMISSION of THE CITY of
. TUSTIN RECOMMENDING THAT�THE CITY COUNCIL APPROVE
TENTATIVE E PARCEL. MAP 99-197 To COMBINE THE TWO LOTS
LOCATED AT 13922 RED HILL_ AVENUE I TO ONE LOT FOR THE
PURPOSE of DEVELOPING A 3,322 SQUARE FOOT FAST FOOD
RESTAURANT.
7 .
The Planning Commission of the City of Tustin does hereby resolve as follows:
I. The Planning Commission finds and determines as follows:
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A. That Tentative Parcel Map p 9 -197 to combine two lots located 13922
11 Red Hill Avenue into one lot for the purpose of developing a 3,322
squame foot fast food restaurant, was submitted by Consolidated
12 Resta u ra ntof C a Iifornia.for con side ratlon;
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E. That Conditional Use Permit 99--002A and Design Review 9-001 were
14 approved by the Planning Commission on July 12, 1999, authorizing the
15 construction of a 3,322.squame foot farst food restaurant;
16 C. That a public hearing was duly called, noticed and held for said map on
October 11$ 1999 by the Planning Commission;
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18 D. That,the project is C ateg o ri.ca Ily exempt CI ass 1 from the pro r cion s of
the California Environmental Quality Act pursuant to Section 15315;
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E. That the proposed subdivision is in conformance with the Tustin Area
General Plan, Tustin Zoning Code, State Subdivision II.I'lp Act and the
1 City's Subdivision Code; .
22 F. That the site is physically suitable for the type of development proposed;
2
G. That the site is physically suitable for .the proposed density of
4 development;25 {
H. That-the design of the subdivision or the proposed improvements are not
26 likely to cause substantial environmental damage or substantially and
27 avoidably injure fish or wildlife in their habitat;
28 1. . That the design of the subdivision or the type of improvements proposed
will not conflict with easements acquired by the public, for access
29 through or use of the property within the proposed subdi rision;and,
}
Planning Commission Resolution 3694
TPM 99i -
-October 11 1999
3
Page 2 w
4 J. That the prjct has been reviewed for compliance with the Americans "
with Disabilities Act of 19 9 0 and it has been determined that dedications
of right-of-way to accommodate a four foot wisidewalkbehind the
drive aprons are necessary f6 r corn.pIiiance with the req uirernents of ADA.
7 K. That -a Traffic Impact Analysis was prepared for this+ project, and it has
been determined that dedications of right-of-way to accommodate
expansion of Red Hill Avenu and El Camino Real are necessary to
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mitigate the traffi c impacts identified in the'Traffic Imp a ct An a lys is.
10 L. That the design of the subdivision or the types 6f improvements
11 proposed are not likely to cause serious public health problems.
12 The Planning Commission hereby r con'mend that the City Council approve
13 Tentative Parcel Map P9-197 to combine two lots located 13922 Red Hill
Avenue into one lot for the9
ose ur of developing 322 square foot fast food
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14 restaurant,subject to the conditions contained in Exhibit A attached hereto.
15 PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission,
16 held on the 11 ' day of October, 1999.
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19 STEPHEN V. K ZAK
Chairperson
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22 ELIZABETH A. BINSACK
23 Planning Commission Secretary +
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• I Planning Commission Resolution 3694 }
TPM 9-'197
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October I Is 1999
Page 3 +.
4 STATE OF CALIFORNIA)
COUNTY F ORANGE
CITY OF T STI .
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I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am fhe Planning
7 C Cnl'1'1i1 n Secretary of the Planning Commission of the City of Tustin, California;
that Resolution No. 3694 was duly parsed and ad pt d at a regular, meeting f the.
Tustin Plan'ning Commission, held on the 11th day of October, 999'.
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12 ELIZABETH A. BINSACK
13 Planning Commission Secretary
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-EXHIBIT A
TENTATIVE PARCEL MAP 99-197
i+ RESOLUTION No. 3694
CONDITIONS of APPROVAL
GENERAL
(1) 1.1 The proposed project shall substantially conform with the submitted +
plans for the project dame stamped October 11, 1999 on file with the
Community Development Department, as herein modified, or unless
otherwise indicated, as modified by the Community Development
Director in accordance with this Exhibit'. The Director may also approve
subsequent minor modifications to plans during" plan check if such
modifications are consistent with provisions of the Tustin City Code or
other applicable regulations.
(1) 1,2 Unless otherwise specified, the conditions ontarin d in this Exhibit shall
be complied with prior to the issuance of any building permits for the
project, subject to review and approval by the Community Development
Department.
(1) 1.3 The subject project-approval shall become null and void unless permits
for the proposed project are -issued and substantial construction i .
underway within eighteen 1months of the date of this Exhibit. Time
a extensions may be considered if, a written request is received by the •
Community Development I pair tment' writhin thirty days prior to
expiration.
(1) 1.4 Approval of Tentative Parcel Map 99-197 is contingent upon the
applicant and property owners signing and returning an "Agreement to
Conditions Imposed" form as established by the Community
Development Department.
(1) 1. The applicant shall, hold harmless and defend the City of Tustin from all
claims and liabilities arising out of a challenge of the City's approval of
th is p r jeot.
MAP
SUBMITTAL-
1) 2.1 Prior to issuance of building permits, the Subdivider shall record with
appropriate.agencies, Final Parcel Map -197 prepared in accordance
with subdivision requirements of the 'Tustin Municipal Code, the State
Subdivision Map A t, and applicable conditions contained herein..
SOURCE CODES
(1) STANDARD CONDITION RESPONSIBLE AGENCY
(2) GEQA MITIGATION REQUIREMENTS
(3) UNIFORM BUILDING DODEIS LANDSCAPING GUIDELINES
(4) DESIGN REVIEW PC/CC POLICY
' EXCEPTIONS
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Exhibit
Planning Commission Resolution 3694
October 11, 1999 }
Page 24
(1) 2.2 Applicant shall comply with all Conditions of Approval identified in
Planning Commission Resolution No-: 3681.
2,S In addition to Condition No. 4.15 of Planning Commission Resolution No. .
3681, the applicant shall comply with the f ll ing:-
• The property owner shall dedicate twelve 12 feet of additional street
right-of-way ay along El Camino Real from the ultimate end curb-return
(ECFV) at the southeast corner of Red Hill Avenue and El Canino
Real to the easterly boundary of the subject property. The ultimate F
curb return will have a radius of thirty-five 3 feet and the ECR will
be located 32.00 feet southwesterly from the centerline of El Camino
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Real. This parcel shall be in the form of an irrevocable offer of
dedication at this time. .
• An additional parcel shall be dedicated at this time to accommodate
the appropriate corner cut-off from the ultimate begin curb return
(BCR) to the ultimate ECR. The ultimate BCR will b.e located sixty-
one 1 feet southeasterly from the centerline of Fled Hill Avenue.
The corner cut-off will intersect the ultimate right-of-wary line of Red
Hill Avenue g feet from the centerline) and the ultimate right-of-way
y line of El Camino Real g feet from the centerline). F
• Provide legal descriptions and sketches as prepared by a California
Registered Civil Engineer or California Licensed Land Surveyor.
These legal descriptions and sketches are to be submitted to the
Engineering Division for review and approval prig to issuance of
building permits.
• All dedications and/or offers of dedication shall also state that the City
of Tustin shall be permitted to obtain, at no cost, a right-oflentryfr all
on-site joins when the ultimate street i m p rove m e n ts acre constructed.
The right-of--entry shall terminate on the date that the Notice of
Completion of Public Improvements is recorded at the Orange County
Recorders Office.
(1) 2.4 The subdivider shall conform to all Ippli able requirements of the State
Subdivision Map Act and the City's Subdivision Ordinance..
(1) 2.5 As required by the �ubdivision flap Act, the subdivider shall execute a
Subdivision and Monumentation Agreement' and furnish the
Improvement I ienurnentaticn Bonds as required by the City Engineer
prig to recordation of the Final Map.
E hibit A
Planning Commission Resolution olution 3694
October 11: 1999
Page 3
1 2.6 The developer will be responsible for any traffic signing and/or striping
along El Canino Real, which will be required as a result of this
development.
(3) 2.7 Current Federal Americans with Disabilities Act AIA requirements will
. need to be met at the drive aprons. This will require construction .of ar.
minimum four- foot gide sidewalk behind the drive apron.. The
maximum cross slope.-of the sidewalk shall be two percent and the
maximum ramp slope of the drive apron shall be ten percent. This may
require dedication of additional right-of-gray to accommodate the
sidewalk construction. A legal description and sketch of the dedication
_ area, as prepared by ar CA Registered Civil Engineer and/or CA
Licensed Land Surveyor, shall be submitted to the Engineering Div. for
review and approval.
(1) 2.8 This- development shall comply with all applicable provisions of the City
' f Tustin Vater Quality Ordinance and all Fderal, State. and Regional
Water Quality Control Board rules and regulations. .
FEES
(1) 3A VVithin forty-eight hours of approval of the subject project by the City
Council, the applicant shall deliver to the Community Development
Department, a cashier's check payable to the COUNTY CLERK in the
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amount of $38.00 (thirty-eight.dollars) to enable thb City to file 4the
appropriate environmental documentation for the project. if within such
forty-eight hour period that applicant Inas not delivered to the
Community .Development Department the above-noted check, the
statute of limitations for any interested party to challenge the
_ environmental determination under the provisions of the California
Environmental QualityAct could be significantlylengthened. .
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Planning m" mission
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DATE. OCTOBER 11, '1099 h
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SUBJECT: PUBLIC HEARING G F F 11 AMENDMENT T T C HDITibNAL
- R USE PERMIT.97,005 AND DESIGN REVIEW 970000
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APPLICANT: BENNETT ARCHITECTS
i 17581 IRVINE.:E.:B ULE ARD, #1I
TMSTIN, CA 92700 '
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ATTN: GREG BEH ETT -
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OWNERS: HOWARD Fir RRA>' D, RATA ES H B ► ARIA, AND REKHA
BAJARIA +
/0: BEN ETT ARCHITECTS
17581 IRVINE BOULEVARD, SUITE 1,1 - .
TUSTI1 ,'DA 92780 - -
LOCATION: 535 EAST MAIL I STREET _
ZONING: C-2 P CENTRAL COMMERCIAL, PARKINa OVERLAY
ENVIRONMENTAL
STATUS. tiA NEGATIVE TIE DECLARATI f WAS, PREPARED FOR
CONDITIONAL USE PERMIT 97-005 AND DESIGN REVIEW 97-
009 AND CERTIFIED BY THE CITY COUNCIL- ON DECEMBER 1,
1997a
REQUEST: A REQUEST TO AMEND CONDITION 'I.1 OF PLANNING
COMMISSION RESOLUTION' NO. . 3534 TO EXTEND D THE
EXPIRATION! OF THE APPROVALS OF CONDITIONAL USE
PERMIT 97=005 AND DEBIG 1 AE IEW 97-009 BY TWENTY:
FOUR 2 MONTHS TO DECEMBER 1, 200'1.
RECOMMENDATIONl
e
That the Planning Commission adopt Resolution No. 3695 appy vin'g an amendment t
Conditional Use Permit (CUP) 97-005 and Design Review.�r D -009 extending the
expiration of the proje6t approval by six months to June 1, 2000.
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Planning Commission Report
CLAP 97-005- Extension
October 1.1, 1999
Page 2 .
BACKGROUND AND DISCUSSION
CUP 97-905 and DR 97-009 were requests fo demolish an existing service station and
carash and construct a new -service station, carrash, and 5,590 square foot retail
building at the northwest corner of Newport Avenue , nd Main street Attachment A R
Location leap). on� November 10, 1997, .the Planning Commission adopted Resolution
No. 3534 conditionally approving CUP 97-005 and DR 97-009 (Attachment B). on
December 1, 1997 the City council adopted Resolution No. 97-116 upholding the
Planning Commission's approval of the project. Condition 1.3 of Resolution No. 3534
states:
"The project'ect a roval shall become null and void unless permits for the
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proposed project are issued and substantial construction is underway within twenty-
four 2 mon.ths of the date of this Exhibit. Time extensions may be considered if a y
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mitten request is received b the Community Development Department within thirty
(30) days prior to exp'iration's
To- date thePP licant has net obtained building permits to construct the project. On
September 22, 1999, the applicant filed a request (see Attachment C to extend the
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expiration of the project approval by twenty-four (24) months, to December , 20019
pursuant to condition 1.3 of Resolution No. 3534.
While the applicant is seeking a two year extension, staff recommends that the project
+ approval be extended for sic months to June 1, 2900, for the following reasons:
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Granting an a tension i of six months 'Would spur construction activity to
commence in a timely manner.
• if construction did not begin until Fall 200 1, the original environmental
documentation for the project may be outdated. Typically, environmental
documents that approach five oars are considered outdated and must be revised
� y
to reflect current conditions.
Although the applicant cited financial constraints as the justificati 'n for a to year
extension, development activity is strong throughout the City and the County. staff
has worked with the applicant to minimize the interruption of commercial activities {
during the demolition and construction of the project to ensure the continuation of a
viable revenue stream.
• The' applicant initiated the plancheck process in June 1999 for demolition and
construction of the project and removed the existing underground storage tans in
September '1999. : During plan check , the applicant requested expedited plan
check leading staff to believe that,construction, would begin immediately. While
the plans required several corrections, the applicant will be able to obtain a building
permit shortly. In addition, building permits are considered "active" for a period of
six months. if building activity does not proceed during those six months, the permit
is considered inactive and the applicant would be rewired to renew the permit.
Planning Commission Report -
UP 97-005- Extension
October 11$ 1999 -
Page.3.
Granting a two year extension' when the building permit is ready to be issued. may
• create an.inconsistency Optween the life.of the building permit and the extension.
There are peoperty maintenance violations on the propel i.e.: illegal-signage:and
inadequate building.and site maintenance). Since the approval of the discretionary
applications, the owner has indicated a desire to rectify the -violations through 'ite
redevelopment. Even though the. City has granted numerous extensions of time
the owner has not corre ted the violations; therefore; this rnatter has been referred
to the City Attorney for appropriate legalction. To preclude the continuance of
code.violations, Condition Nos. 1.3; 1.4, 1.5, and 1.6 of resolution l o..3695 would
require the applicant and !property owner to rectify outstanding: code violations and
maintain the property and all improvements in conformance.Wth the City of Tustin
Property ]Maintenance ordinance or be subject to civil penalties. '
J. Oan, Daren Peterson
Assistan ars r Acting Senior Planner
BE; up97045extensionpereporCdoc
. 'Attachments: - Location Map
+ E - Planning Commission Resolution lution No. 3534
C -Applicant's request Deceived On September 22, 1999
D - Letter dated-September-30, 1909 regarding Property Maintenance
* violations 4
E - Resolution No. 3695
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ATTACHMENT B
PLANNING COMMISSION RESOLUTION
NOm 3534
"i t
f
5
RESOLUTION No. 3534
RESOLUTION of THE PLANNING COMMISSION of THE
CITY of TUSTIN, APPROVING CONDITIONAL USE
3 PERMIT 97-005 AND DESIGN REVIEW 97-009,
AUTHORIZING THE ESTABLISHMENT of A 24-HOUR
SELF-SERVE GASOLINE STATION, A FULL-SERVICE .
CARWAS , A 750 SQUARE FOOT 24-HOUR CONVENIENCE
S STORE, AND A 51500 SQUARE FOOT RETAIL BUILDING
AT 5.35 EAST MAIN STREET.
i
The Planning Cot mission does hereby resolve as follows
I . The Planning Commission f inds and determines as
8 follow
A. That a proper- application for Tentative Parcel
i Map 97-117, Conditional Use Permit 97-005 and
10 Design Review 97-009 was filed by Greg Bennett
f - Architects on behalf of the-prope t owners t o' .
request authorization for the establishmen" of
a 24-hour self-serve gasoline station, a full-
12 service carwash, a ,750 square foot 24-hour
convenience store, and Ca S.. 500 square foot
F
retail building at 535 East Maim Street, more
specifically descri'hed as Assessor' Parcel.
No . 401-612-0 .'
�5 B . That the proposed use is allowed within the
16 C2-P Central Commercial Parking over1a r
District, with the approval of a Coedit ioncxl
• Use Permit .
2.7
C. The subject property is located within the
i8 Town Center~ Redevelopment Project Area.
Pursuant to City Code Section 9299b, the
Zoning Administrator has forwarded action on,
Design Review 7'- to the Planning
2 Commission for consideration.
21 D. As conditioned, the subject project has been
found consistent with the Town Canter
22 Redevelopment Project Area Plan.
23 E . That a public hearing bras duly called, nticed
{ and helm on said appy.icat ion August 11,
2 1997 and continued to September 22 , 1997 and
subsequently renoticed for hearing on November
25 10r 1997 by the Planning Commission.
2
7
281
Resolution No . '3534
peae
6.
F. That the establishment, maintenance and
operation -of the uses .applied for will not,
under the circumstances of this case, be
detrimental to the health, safety., morals, .
rt comfort, or general welfare of the persons
residing or working in the neighborhood of
such proposed use, nor be injurious or
detrimental to the +prcpert r and improvements
in the neighborhood of the subject property{
or to the general welfare of the Cfty of
i Tustin, as e Iden ed by . the 011owing
findings
y F
1 s conditioned, the proposed us.e can be
. accommodated on the subj ect proper"Lt-y.,
providing for parking, landscaping, on-
site circulation and aueue length.
I L 2 s conditioned.; the use w:'.11 not
negatively affect surrounding properties
12 in that the site design includes screen
walls, beams, land caping caftd architec-
tural enhancemments that minim' i e the
visual and aesthetic impacts of the pump
A isIand. and vehicles stopped for
. refueling.
L0
As conditioned, the use will be
16 compcatible with the surrounding uses, in .
that the Newport Avenue frontage includes
17 landscaping, berms and a screen wall and
the structures O'n-site include architec-
tural details that strengthen. the Newport
` venue theme and improve the gat ewa r to
19 the old Town area of Tustin.
20 G. Pursuant to Section 9272 of the Tustin
Municipal. Code, the Commission f inds that the
21 location, size, architectural features and
general appearance of Design Review 9�7- 0 9,. as
22 conditioned, ,will. not impair the orderly and
harmonious development of the area, the
2 present or future development therein, or the
occupancy - a whole. In making such
24 findings, the -Commission has considered at .
.east the following items :
2
1. - Height, bulk and area of buildings .
26
. Setbacks and site planning.
27
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■
Resolution No. 3534
Page
3 . Exterior materials and colors .
4 . Type and pitch of roofs .
5 , Size and spacing of windows, doors and-
A other openings .
5 G . Towers, chimneys, roof } structures,
flagpoles, radio and television antennae .
7 . Landscaping, parking area design and
7 traffic circulationd
. Location, height and st nd rds of
+ . exterior- illumination.
..
. Location' and appearance of equipment
10
located outside, o -an enclosed structure .
10 . Locate.-ora and method of refuse stor=age .
12 11 . Physical relationship of proposed
structures to existing structures in the
3
neighborhood.
12 . Appe-carance cand design relationship
proposed strctur'es to existing
is structures and possible futiire structures
in the neighborhood. and publ is
thoroughfares ..
17 13 . Proposed. signage . .
1 t 14 . Development Guidelines and criteria as. .
adopted by the City council. .
r
H. That the strict adherence to all. design
26 criteria of the adopted Service Station
Development Guidelines cannot be satisfied due
21 to the irregular shape and angles of this
site . r _lthough the site does not include the
22 "reverse design" '(pumps . * t the rear, .
buildings,, at the front) the screen walls,
23 -berms., landscaping and architectural details
provide amenities 'Eo ensure that the project
24 is visually acceptable from the public right-
of-way.
ight-of-way. In addition, although the service
25 bays patti lly face onto the street, screening
is provided.
27
28
Resolution No. 3534
-
Page
+
I A Negative Declaration has been prepared and
2 esti-fled for this project in accordance with
the provisions of the: California Environmental
Quality Act CEA .
4 J. That the project e t has -been �evi wed for
onsi tenvy ith the Ai Qumiity Sub-element
5 of the City of Tustin General Plan and has
been determined to be consistent wzth the Air-
Quality Sub--eloment .
.
K. Tha-t the project has been revaewed for-
compliance with the Americans with
. Disabilities Act of 1990 and has been
determined that dedications .ations night--of--wa y at
the corner and all radius type driveways are
necessary' for compliance with the requ'irement's
i 0 o f ADA.
11 . The Planning Commission hereby approves C ndition
C
Us,e Permit 97-005 and Design Revs.ew 97-009 t
12 authorize the establishment. of a 24-hour self-serve
7 gasoline station, aL full-service cawash{ a 750
13 square foot, 24-hour convenience s t ore, and a 5, 500
square foot retail 'building at 535 East Main
Street, subject to the conditions contained in
Exhibit A, attached hereto.
1
PASSED AND ADOPTED by the Planning Commission of the City
1 f Tustin, at a regular meeting on the 10th day of
Noverrmbe r,, .1 9 9 7 .
17
18
1 • ..LESLIE PONTICtS
Chairman Pro Teri
20
ri
21 ELIZABETH A. BINSAdK
Planning Commission Secretary
22
23
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•
Re olution No. 35.34 ,
ale - ,
■
2 STATE of CALIFORNIA
-
t
+COUN' ' E ORANGE +
3 CITY OF TUSTI .
- I, ELIZABETH A. BIN K, the undersignet, hereby certify
that Tam the Planning omission ' ec etar■ of the- City
5 of Tustin, California; that Resolution No. 3534 was duly
passed and- adopted at a regular meeting of the Tustin
* G. Pia-.n.ningCommission, held on the. 10th day of November,
1 ,.
�. µ
ti
ELIZABETH . E NS CK ' r
Planning Commission Secretary -
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i2 ' ■ + +
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18 LI
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4 •
EXHIBIT A
CONDITIONAL USE PERMIT 97-005 AND
IDESIGN REVIEW 97-009 }
CONDITIONS OF APPROVAL
RESOLUTION No. 3.534
GENERAL
1,1 The proposed prof ect shall substantially conform" with the
submitted plans for the project date stamped November 10,
1997 on file with the Community Development Department,
as herein modified, or unless Otherwise indicated) a
modified by the Community Development Director in
accordance with this Exhibit . The Director- may also
approve subse tuent minor modifications to plans during
plan check 'if such ., modifications are consistent with
provisions of the Tustin City Code or other applicable
regulations .
1)' 1 .2 Unless otherwise specified., the conditions contained in
this Exhibit shall be complied with prior to the issuance
of any building permits for the project, subject t
review and* capproval by the Com unity Development
De artment .
1 1 . 3 The subject project approval shall become null and void
unless permits for the proposed project are issued and
substantial. construction is underway within twenty four .
2 months of the date of this Exhibit . Time extensions
may be considered if a written request is received by the
_ Community Development Department within thirty 3 days
prior to e l irat ion.
1 ' 1 , Approval of CUP 97-005 and DR 97-009 is c on t.i nerent upon
the applicant and property owners 'signing and 'returning
an "Agreement to Conditions Imposed" form asi established
. by the Community Development Department .
1 1 . 5 The applicant shall hold harmless and defend the City of
bw
Tustin from all claims and liabilities arising out of
* cha l l ehge of the City' s approval of this project .
1 . 6 The 51500 square foot retail building shall be
constructed ,in the first phase of development . Building
permits and construction of said retail building shall
occur prior to or concurrently with permits for the
gasoline station/carwash use . Certificate of occupancy
for the retail building shall be issued prior to or
concurrently ith the Certificate of -Occupancy for the
carwash or gasoline ine station.
.____---_____.., _.. ------ ----------------- __________,�___
SOURCE CODES
1 STANDARD CONDITION. 5 RESPONSIBLE AGENCY
( OEAr MITIGATION REQUIAEMENTS
3 UNIFORM BUILDING CODE/S • LANDSCAPING GUIDELINES
DESIGN REVIEW PC/CC POLICY
EXCEPTIONS
Exhibit
esolution No. 353A
Page 2 F
PLAN SUBMITTAL '
(1) 2 .1 At building plan check', submit four 4. sets of plans,
R '
two sets of soalAs reports, structural and energy.
calculations, specifications and acoustical. report .
Electrical, i echanical. and plumbing plans shall be
included. Each building .requires a separate building
.permit . Grading plans; underground tank
removal/installation' plans and signage plans shall be
'submitted separately.
1 2 .2 All grading, drainage, vegetation and circulation shall
comply with the City Ts grading Manual . ll
street sections, curbs, gutters, sidewalks, lighting and
storm drains shall comply with on-site improvement
standards- Any deviations shall be brought to the
' attention of the Building Official and request for
_ approval shall be submitted in writing prior to any
approval .
1 2 ,3 The- building shall d r pl.y in all respects with the i
Building Code, other related codes, City ordinances, and
state and federal laws and regulations .
'3 M chanic l ventilation shall be provided based on the
number of occuants .
3 2 . 5 Provide complete details for accessible paths of travel
throughout the site, including pedestrian circulation
from public right--of,-gray to the buildings and throughout
the new structures . , The tenant space, parking spaces,
entrances to the buildings, .path of travel from the
parking area to the building, and scanitary facilities
shall be accessible to persons -with disabilities .
2 The applicant shall submit for approval by the Commutity
Development and Public Works Departments, a..Wader Quality
Management Plan (WQ IP) specifically identifying Best
Management Practices (BMPs) that will b used on--site t
control predictable pollutant run-off . This WQMP shall
identify: the structural and non-structu al measures
specified detailing implementation of BMPs whenever they
i are applicable to 'the project; the assignment of
long--term maintenance responsibilities specifying the
developer, parcel o rner, ',maintenance association, lessee,
etc . ) and, reference to the location s of st5:uctur'al.
BMPs . The BMPs shall include the following
f
i J 4
.]lblt A
Resolution N . 3534.
Pa re
A wash racks to be constructed in accordance' with the
Orange County sanitation District uide -fines and
subject to final review and approval o - the
District . r
B All areas' used, for fuel disp6nsing to be paved with
concrete . All motor fuel dispensing areas to have
a canopy structure ,for weather protection extending
over the concrete pad.
i C The fuel dispensing area to be. graded and
constructed so as to prevent' drainage f1bw either
through or from the area.. The area shall drain to
_ an underground cl if ier/sump/tank ecruipped with a
shut-off valve that can stop. the further draining
of .storm water or. spilled materials from the fuel
dispensing area into the street or storm arain
system.
D A Spill Contingency Plan shall be prepared which
requires immediate clean-up of any fuel. pills '-and
provides for notification of responsible, agencies,
disposal of cleanup mCL
aterials and documentation.
2 .7 The site will be designed so that a1:1 parking area
rzace run--off is d'irected to and picked up by the storm
drain system.
( 2 . 8 The use of water conserving plumbing fixtures throughout
the buildings should be considered by the applicant .
i.
The applicant -sha-11 submit 'Tank Removal Plans to the
Orange County Health Care Agency and shall satisfy all
Tank Removal Guidelines . If corrective action to address
a.ny subsurface contamination is required by the Health
Care Agency which requires modification to approved
plans, then revised plans shall be reviewed and approved
by the Community Development Department .
2 ,10 Prior to submittal. to Building Plancheck, the plans shall
be designed to provide that all drive approaches meet
current federal ADA requirements .
.
{5 2 .11 Complete the hazardous material questionnaire and the air
quality questionnaire and submit to Building Division and
} the proper agencies . If the answer to any of the
"
questions is "yes" , clearances from the Hazardous
Material Disclosure office and ` from the Air Quality
Management District shall be submitted to the Building
Divisi n prior to approval .
Exhibit A
ire ut ion No. 3534
Pace
(5) 2 . 12 Underground tank removal or installation will require.
Health Department, Fire Authority, AirQuality/Water
CA
Quality Agency and L OSHA clearances prior t issuance
of a building permit .
2 , 13 Trash enclosures shall comply with Lreat western
Reclamation and City of Tustin standards .' Separate brash
enclosures. are required of each parcel, or provide
covenants for shared use.
2 2 , 14 Drainage from new areas shall be collected and drained to
the existing storm drain system. New plumbing fixtures
and carwas.h drains shall be connected to existing sewer
systems . Capacity of e isting4 utility systems shall be
calculated and identified on the plans .
2 .2.5 The existing reciprocal access eas mens between the
subject propety and the adjacent., property to the north .
Mar~-win Square) shall be ` identified on the site plan ana. .
shall be revised as appropriate, consistent with the
proposed driveway improvements, subject to review and
approval of the City Engineer, Any changes to the
existing element will require' -the property owner to
e ecute and record a new reciprocal easement- with the
property owner of Larin Square in order to provide for
oint, access . Theform and content of the easement shall
be subject to the. approval of the Community Development
Department and the City Attorney.'# Said easement shat-I b
recorded prior to or concurrent -with the Final Ma
approval or issuance of any building permits, whichever
occurs first .
( 2 , 16 Prior~ to ds u n e of any building or grading. permits, the
app Iicant shall submit two (2) copies of the Notice of
intent for the NPS industrialcommerc-ial general
per ►it, . as submitted to the Mate of California Nater
Resources Control Board (one copy to Community
evel.opr ent - epartment/-13uilding ,Divi ion and one to the
Public' works Department/Engineering Division) .
GINS
4 .1 Prior to issuance of a -Certificate of occupancy, a Mauer
Sign Plan shall be submitted and approved by- the
Community Developmeht Department . Complete sign plans
shall be submitted which address all proposed wall,
directional, and 'address signs, The - .sign plans shall
include dimensions , materials, Colors, and method of
illumination. The design, size, location, installation
and maintenance of said signs shah, be in compliance with
the Tustin Sign -Code .
ihit
Rin t
FeSW o1 cation No. 3534
P acre 5
SITE AND BUILDING CONDITIONS
(4) , 1 Provide exact -details for exterior doors and window types
on construction plans .
4 A.. 2 All mechanical and, electrical fixtures and equipment
shall be adequately and decoratively screened. The
screen shall be considered as an element of, the overall
design of the project and shall either blend with, the
,architecturcal design of the building or be integrated
into the landscape design. A dense type of landscaping
could be utilized for screening.
(1) 4 . 3 All f final colors and materials to be used. shall be
subject to. -review and approval by the Community
Development Department . All exterior treatments shall b
coordinated# 's wit regard .to color-, materials and detailing
and clearly noted on submitted donstruction plans and
i
elevations .
(4) 4 .4 Provide plans and details of all proposed lighting
f ixtures and a photometra.c study showing the location and
r anticipated distribution p tt rnFof light of all proposed
fixtures . The fixtures proposed shall he modified to be
more decorative in design and consistent with the
architecture of the building. fall mounted .fixtures
shal1 be. directed at a 90 degree angle directly toward
the ground. All lighting shall be developed o provide
a minimum of one 1 footcandle of light coverage, in
Caccordance with the City' s Security Code .
4) 4 . 5 All exposed metal f lashing or trim shall be painted to
match the building. .
1
4 . 6 Note on final plans that a six-foot-high chain l ink'fence
shall be installed -around the, site prior to building
construction stages . Gated entrances shall be .permitted
along the perimeter of the site -for construction
vehicles .
1 4 .7 Exterior elevations of the building shall indicate any
4 fixtures or equipment -to be located on the roof of the
building and, equipment heights . The building" parapet
shall be an integral part of the building design, and
shall screen all roof mounted equipment . Al.l roof-
mounted equipment and vents shall be a minimumof six
,inches below the top of the parapet .
4 4 . 8 All roof access shall be provided from the inside of the
building. ' t
Exhibit A '
Resolution No . 3534
Page
(4) 4 . 9 No e'xterior downspouts shall be permitted; all roof
drainage shall utilize interio � piping, but may have
exterior outlets at base of building.
4 4 . 10 Six inch continuous concrete curbing shall he used
through the parking-l.ot, landscaped areas and adjacent to
.sidewalks, except where required t oat i f. �handic
� p
access requirements . '
4 Roof scuppers shall. e installed with special li
p
device so that overf low drainage will not stain the
walls .
(4-) 4 ..1 indicate the location of all -exterior mechanical
equipment . Gas and electric meters shall either be
enclosed within the building or boxed behind a screen
gall designed to be consistent -ith the m i�n bui lding. . 0
(4� 4613 Outdoor storage and automotive repair is prohibited. A
note prohibiting such cactivities shall be added to the .
t -
final plans .
4 . 14 Construction or replacement of all missing or da 7age
' public 'improvements. adjacent to this development will be
z-ec it d. A separate 24 x 3611 street improvement plan,
as prepared by a California Registered civil Engineer,
will be required. Said plan shall slow all existing
public improvements along with all new construction to
include not be limited to the following:
CX} Curb and gutter
b Sidewalk/curb - ramps
Drive aprons .(meeting �current Federal - ADA
requirements .
' d Underground utility connections
e Signing and striping '
f Signing and striping of Class l Bikeway on Newport
Avenue .
In addition,, a 2411 x reproducible construction area '
traffic control plan, as prepared by a California
Register ed Traff is Engineer or Civil Engineer experienced
} in this type of plan preparation will be required.
{4) 4 .1 A grading plan will be required based on the orange
County urveyor' s bench mark datum.
4) 4 .16 Additional street ri ht-of-way is required at the corner
of Main Street and Centennial Way in the form of a corner
cut-off . This shall be adequate for the construction of
new handicap ramp per city Standard No. 124 .
Additional street right-of-way is also required at the
radius type drive aprons per city Standard No. 1E.
Exhibit
1
solutio To'. 3534
P a[re 7
legal description -arid 'sketch of the dedication area, as
prepared by a California Registered. Civil Engineer or
Licensed Land Surveyor shall be provided, along with Ca
copy of the vesting on the property.
(4) 4 .17 The Newport Avenue driveways shall, be restricted to right
turn in/out access . Written approval from the adjacent
property owner Corwin Square is required for- the-
recons,truction of the common drive apr n on newport
Avenue.
(4) 4 . 18 Sight distances at each access driveway shall be. reviewed
for compliance with orange County #A_ Standard. Plan 1117,
when landscaping and improvement pians are prepared.
(4 4 .1 On-street parking shall continue to - be. p ohibi ted
d cent to the pr`o e t site on Newport Avenue,
A.
t--ennial way and Mcatin street .
4 4 .20 The applicant shall submit a Court yard Plan identifying
the location and size f all tables, chairs, benches and
other- amenities for review and approval by the -Community
Development Department prior t issucL of any permits .
{4) 4 .21 The decorative doors proposed on the detail garage CaMd
carwash tunnel entrance an exit shall be a sectional
roll-up type -with a decorative design, consistent with
the architecture of the project, subject to the approval
of the Community Development Department .
4 4 .22 A note shall be added to the plans that the inside of the
cr~ i tunnel and the support beams shall be palated to
} match the exterior walls .
(4) 4 ,23 A decorative cap on the top , f the wing walls proposed Cat
the car wash tunnel shall be of a decorative design,
consistent with the architecture of the project, subject
to the approval of the *Community Development Department ...
4 .4 .24 The decorative cornice at the building roof eves shall
have a minimum of 12-inches vertical height and 12-.inches
horizontal width, and are subject to the approval{ of the
Community Development Department .
(1) 4 .25 The site plan shall be modified to show the dimension of
the driveway on Centennial Way, to be reviewed and
approved by the Public works Department .
(4). 4 .26 The design and location of air hoses in the drying area
shall be subject to the review and approval of the
Community Development Department . F
Exhibit
Res-olution No. 3534
acs.
(4) 4 .27 The canopy over the car-rash gas pumps shall be reduced in
height and redesigned to have a pitched roof, consistent
with the design of the . detail- garage and convenience
store f subject to the approval of the Community
Development Department . The. precise location and design
f the vcacume.s and other ccarwash equipment proposed under
the canopy shall be subject t5 the review and approval of
the Community Development Department .
4
Gr GR
OUNDS AND HARDSCAPE ELE14ENTS .
.1' The applicant shall submit for plan check complete
detailed landscaping ars irri ation plans for all-
landscaping areas consistent with adopted City of Tustin
andscapi g and Irrigation. Submittal Requirements and
consistent with he +landscaping concept plan. - Said .plrans
shall be consistent with the existing landscape palette
for the center.
The app�icar t shall provide" a summary table caunlyincr
indexing identification to plant materials in their
actual. location. The plant table shall list botanical
nlcal
ana common 'nates, sizes, spacing, actual location and
quantity of the plant materials proposed. Show planting
anti terming Geta Us, soil preparation, staking, etc . The
irrigation plan shall show location and control of
backflow prevention devices screened from view from
right-of-way and on-site by shrubs). , pipe size, sprinkler
type, spacing and co rerage . Details for all equipment
shall be provided. The plans shall show all property
limes on the Landscaping and irrigation plan, public right-of-way areas, sidewalk widths, partway areas,
existing landscaping and galls ana proposed new wall
locations . The Department of Community Development may
request minor substitutions of plant materials or request
additional sizing or quantity. Note on plans that
adequacy of coverage of landscaping and. irrigation
materials is bj e'ct to field inspection at project
completion by the Department of Community Development .
( .2 The submitted landscaping plans at plan thec . hall
reflect the following requirements
A. Shrubs shall be a minimum of 5 gallon size and
shall be spaced a minimum of 8 f eet on center when
intended as screen planting..
_ B. Ground cover shall be planted between 8 to 12.
inches on center.
C. Whin 1 gallon plant sizes are used, the spacing may
vary according to materials used.
E" *libit
Resolution No. 3534 i
Page
.i All plant materials shall be installed in
healthy, vigorous condition typical to the species
and landscaping must .be maintained in a , neat and
healthy condition. This will include but not be
limited to trimming, mowing, weeding, removal of
litter, fertili ing, regular watering, or
replacement of diseased or dead plants ,
( .3 All vehicle headlight glare from, Call parking areas,
gasol ire pumps ' and drying areas shall , be adequately
screened from view. Plans and sections shad be
provided to demonstrate adequate screening,. s:ubj e t to
review and approval of the Community Development
Department t during building plan check. i
5 .4 Hibiscus shrubs shall be provided in front of the carwash
drying area screen wall, between the trees, and shall be i
{maintained -to the height of the -wall .
(2) , 5 . 5 Vexrlt—ical growing shrubs shall be. p1anted on the -east side
of the screen wall in f rout of the gasoline canopy in
naturcalized groupings, and shall be allowed to grow to
t
the height of the wall .
l .
5 . 6 The shrubs along Newport Avenue shall be maintained to a
height of 6-f eet above the Newport Avenue top of curb, as
indicated on the plans . .
5 .7 The landscaped area in front of the sound walls at the
tunne_I shall be a minimum 5-feet in width and planted
with tall shrubs, vines or small. tree-s.
NOISE .
(5) 6 .1 All construction operations, including engine warm-up and
deliveries of materials and equipment, shall be subject
to the provisions of the Tusti-n Noise ordinance and shall
take plate only between the hours of ;oo a.m. and ; 00
p.m. , ionday through Friday, and. between 9 : 00 a.m. and.
5 : 00 p.m. on Saturday, unless otherwise determined by the
*Building official .
{ All uses and operations on the site shall comply with the
City' s Noise Ordinance . outside public address spec] ers,
telephone bells, car harms, buzzers and simil'ar devices
which are audible on adjoining properties are prohibited..
Nora-compliance with this restriction may be grounds for
City initiation of revocation of the use permit ,
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Exhibit A
Resolution No . 3534
Page 1
- 6 . 3 Prior to issuance of a Certificate of Occupancy, the
Building official may require that field testing be
. performed to demons trate compliance with noise
attenuation standards,.
(5) 6 .4 Con tru tion hours shall be clearly posted on the project
site to the satisfaction of the Building official. .
6 . 5 The '- .dryer blower motors and fans shall be reo to lir
located in the ec uipment room. This reduces the t pical
dryer noise levels, bar about 10 d.BA.
(2) 6 . 6 The -vacuum equipment shah: be housed in the equipment
room. ,
(2) 6 .7 The equipment room must be acoustically -insulated., -
including access door assemblies rated at 'least STC 35 .
Baui ument room venting should open onto the interior o
the wash tunnel, and must* use 'Model " 1' No i hie l
acoustical louvers available from Industrial Acoustics _
. Company or equivalent, cas required by the October- 9, 1997
Acoustical. Analysis .
Specify the cruietest possible air nozzles for the hand
firring area. }
(2) 6 . 9 Pmy air tools used in the detail garage shall be rated to
produce levels no higher than 89 dSA at one meter three
feet ( ' under full load.
( ) 6 . 10 All exterior mechanical equipment, including air
conditioners, ice makers,, exhaust fans, re ri-gerat ion,
condensers, etc . shall have a Sound Rating of 8 . 5 Bels or
less, or a level of 50 dBA at 50 feet or less .
(2) 66-.11 compressors, blowers, pumps and other- mechanical
equipment that Groes not require exterior locations for
heat exchange purposes shall be- located in enclosed
windowless rooms with acoustically sealed doors .
2 6 .12 Maintenance, changing. of fluids, installation of parts,
removal of pans, testing, tuning, `and similar operations
on any vehicle is prohibited.
2 6 .13 The site shall be- posted at a speed limit not to exceed
1.0 mph.
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Exhibit
Resolution No. 3534
Page 11
FIRE AUTHORITY
(5) 7 . 1 Prior to the .issuance of . any building permits, the
applicant shall submit to the `ire Chief evidence of the
on-site fire hydrant system and indicate whether public
or private . If the system is private, the s:/stem shall
be reviewed and approved by the Fire Chief .prior to
issuance of bui-lding p mits , Provisions shall be rade
by the. applicant for the- repair and maintenance of the
system- in a tanner meeti g the approval of -the F_ ire
Chief
(5) 7 .2 Prior to the; recordat ibn of a subdivision m=--o, the
applicant shall -obtain approval of the Fire Chief of all
fire protection access easements and shall dedicate them
to the City. The CC&Rls shall contain provisions which
prohibit Obstructions within the f ire .p otecti n access
easement-. The approval of the Fire Chief is required for
- am r oaif ications such as speed bumps, control gates or
Other changes within said easement .
(5) 7 ,, 3 Prior to the issuance of any grading permits, the
MaDpliccant shall submit and, obtain approval of preliminary
plans for all streets- and courts, public or'private
. from
the Fire Chief in consultation with the Manager.,' Trf fic
Engineering. The plans shall include the plan view,
sectional view, and indicate - the width of the street or
court, measured flow line to flow ' line . ll proposed
fire apparatus turnarounds shall be clearly marked when
dead-end street exceeds 1 o feet or when other
conditions require it .
7 .4 Prior to the issuance of any grading permits, the
applicant shall submit and obtain. approval from the Fire
Chief for -improvement plans with fire lames shown. The
pans shall 'Indicate the locations of red curbing and
signage . A drawing of the proposed signage with the
height , stoke and color of lettering and the *c 'nt a ting
background color shall be submitted to and 4pproved b
the- Fire Chief .
Prior to the issuance of the Certificate of. Use and
Occupancy, the ire fire lame marking plan shall be
installed.. The C 1 ' s shall contain a fire lane map and
provisions which prohibit parking in the fire lanes .
method -of enforcement shall be included.
( 'Prior to the issuance of a building permit, he applicant
shall submit to the Fixe .Chief a list of the quantities
of all hazardous, f larrimable and combustible materials,
liquids or gases . These liquids and materials are to be i
classified according to the "orange Counter Fire Authority
Chemical Classification Handout" . The submittal shall
hi bit Af
Resolution No. 3534
acre 1.2 -
provide .a summary sheet listing each hazard class, the F
total quantity of , chemicals stored per class and. the
total quantity cf chemicals used in that class . All
forms of material are to be converted to units of measure
in pounds, gallons- and cubic feet .
(5) 7 , 6 Prior to the issuance of any building permits foxy
combustible construction, the developer shall submit and
obtain the Fire Chief I s approval - of - a letter and plan
stating that water for fire fighting purposes and. an all
weather- ' fire access road shall be in place and
operational s required by the Uniform Fire Code before
any combustible materials are placed on the site .' .
7 .7 Pricr to the issuance of any building permits' an OrmangQ }
County Fire Authority. water Avaail(ambility form shall be
submitted to and approved by the. Plan Review Section for .
the Orange County Fire Authority. If sufficient water to
r ee t
firflow requirements is not available, an
automatic fire extinguishing system' shall be installed in
ea n, structure in* a mahner meeting the approval of the
. Fire Chief . .
5 7. 8 Prior to the issuance of any building permits, the
applit=-nt shall contact the Orange County Fire Authority
Hazardous Materials ]disclosure Office at { 14) 744-04
to obtain a "Hazardous" Materials Business Information and
Chemical Inventory Packet" . This shall be completed and
submitted 'to the Fire Chief before the issuance of any
building permits . ,
7 . 9 Prior to the issuance of any building permits, the
applicant shall submit plans for review and approval of
the Fire Chief . The applicant shall -include information
on the plans required by the Fire Chief . Contact the
Orange County Fire Authority Plans Review Section at
(714 744-00403 for the Fire Safety Architectural Notes
to be placed on the plans .
( .10 Prior to the issuance f any Certificates of,:Occupancy,
all f ire hydrants shall have a Blue Ref le t.ive Pavement `
Marker". indicating its location on the street or drive
per the orange County Fire Authority Standard and
• approved by the Fire Chief . on private property, these°
markers .are to be maintained in good condition by the
property owner.
7 .11 Prior to the installation of any above ground underground
tanks and/o - dispensing eguipment, plans shall b
submitted to the Pire Chief for review and. approval. .
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Exhibit
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Re..s-olutio No. 3534
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Page 13
USE RESTRICTIONS-
(1) 8
STRICT OI(1) 8The owners shall be responsible .for the daily c-Li tenance
and up-keep of the facility, including but 'not lig mi'ted t
trash removal, painting, graffiti removal and. Maintenance
OL improvements t ensure that the f(a i . .t .es are
maintained in a neat axed attractive manner.. _11 .graf fit i
. shall be removed within 72 hours of a complaint being
*.,:r nsmitted by the City to the property owner. Failure
to maintain said, structures and adj ce t facilities will
be grounds for City enforcement of its 'Property
Maintenance ordinance, including nuisance abatement
' proceures .
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8 .2 The carwash is limited to operate between the hou'r's of
7 : 30 a.m. and 8 : 00 p .m. When closed for operation, the ,
doors to the car- ash tunnel shall be shut and the doors
to the detail garage_ closed.
( All building locking aevices added to the premises shall
meet those requirements as set forth. in the Building
Security Code .
(2) 8 .4 The drying and detailing of vehicles' shall be confined t
the areas designated on the plan. No vehicles shall b
detailed outside of the detail building and -no vehicles
shall be dried outside the designated drying' area.
4 Storage of any vehicles n--site is prohibited.
(4) 8 . 6 Automotive repair is prohibited.
FEES
1 .1 Prior to issuance of any building permits, payment shcall
( ) be made of all, applicable fees', including but not limited
to the following. Payment shall be required based upon
those rates'' in effect at the time of payment and are
subject to change .
A. Building. plancheck and permit fees to the. Community
De el ment Department based. on the most current
schedule .
B . orange County Fire Authority plan check and
inspection fees to . the Community Development
Department based upon the most current schedule .
C. New development fees in the amount of $ 0 . to per
square foot of floor- area, to the Community
Development Department .
Exhibit
esolu,tion No. 3534
Page 14
D. Transportation System Improvement * Program T I P) ,..
enef i-t Area "All fees in the amount . of per
square foot of new square floor area of
construction or improvements to the Community
Development Department .
-. Major thoroughfare and bridge fees in the amount of
$2'. 96per square foot of building area to the
Tustin ' Public Works De artment . • ,,
F., Payment of any applicable East orange County Water
District fees will be required.
Payment f the orange counter Sanitation District
No. 7 surer connection fees will be req'uired.
1 .2 Within forty-eight hours of approval of the subject
project, t-he . plica t shall deli rel- to the co m njt
Y
Develonment Department, a cashier' s check payable to the
COUNTY CLERK in the amount of $38 . 00 } thirt r--eight
dollars to enable the city to file • the app- plate
environmental docu'mentatio for the project . If within
such forty-eight ( hour period that applicant has not
delivered . to the Community Deve'lopme t Department the
above-noted check, the statute of limitations for any
interested{ party to challenge the environmental
determination under the provisions of the California
Environmental Quality Act could be significantly
lengthened.
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ATTACHMENT C
APPLICANT'S REQUEST FOR EXTENSION
SEPTEMBER 22, 1999
1 t= ('071417131 -2053 p,.
lb
BENNE
IEFE CTS
R F
M . ELIZkBETHA..]L S I
)DIRECTOR OF CONINJUNITY Y E ELO
340 CENTENNIAL WAY
TUSTLN, CA 93790 F
RE
T' iSM AUTO WASH535 EAST MAIN STREET,T STIN CA 1 RES LL MN'3534
DEAR NIS.Br ACK:
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TINCTA TWO YEAR
� E THE OINTNTM OF T�ABOVE REIN`. PI O,I�ECT RE 's
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EXTENMOIC OF TRYtE FOR O PROJECT BECAUTSE OF FLNANCIAL REASONS. i
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S,NCEREL � ' +
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for,THE 01WERS OF THE PROPERTY T .B �POWER A'ITOR. Y
CyREGOY D. BEIETT, ARCHITEC'T'S
I N ETT RCMT CTS
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IrvineBlvd Suite II(i, Tustin,California 92780
731-6033 (714) 1-4,3'71 Fax 71 731-2059 -
ATTACHMENT D
LETTER REGARDING PROPERTY VIOLATIONS
SEPTEMBER 3,0, 1999
1`
Community Development D paft n {
M'7 Ci-ty -o
Tustin
oo C ntenniai VV
. Tustin -CA '
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September 39, 1999 (714) 57�•3100.
Mr. Gregory D. Bennett . .
17581 Irvine Boulevard, Suite 11
Tu stin, CA 9270 i
SUBJECT: TUs T IN AUTO WASH — 535 W, MAIN STREET
T
Dear Mr. Bennett:
On September 27, 1999, the Communky Development Department received your
correspondence dated September 24, 1999 in which you address the City- Code
violations at 535 Wet Main Street.
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For the past year the City of Tustin -has attempted to work with the owners of the
properly at 535 West Main Street to correct property maintenance violations at the
I u tin Auto Wash. In fact on duly 14, 1998, October 5, 1998, October 29, 1998 and
,January 7, 1999, City of Tustin Code Enforcement staff sent letters to the property
owners regarding the condition.of the property. We have granted several extensions of
time to correct the violations. An additional letter was transmitted from the City Attorney `
to the property owners on September 14, 1999. ,
In your correspondence dated September 24, 1999, yQu have proposed to correct some
of the outstanding violations by November 15, 1999 and the remaining violations in
. conjunctions with the master site phasing plan. These proposals are unacceptable.
The following actions and repairs must be undertaken by the deadlines indicated for the
property to meet the minimum property maintenance standards;
I. The building and canopies have cracked, peeling and chalky` surfaces. The
main building, car gash tunnel, and ca-nopy must be sanded, treated and
panted-by October 14, 1999. ..
2. The two painted plywood signs at both ends of the tunnel that advertise the car
wash specials are not permitted and must be removed by October 14, 1999.
3. Although some patching has occurred, the .as halt is still deteriorated at several
locations with loose gravel and significant potholes. It must be repaired and/or
replaced by October-25, '1993.
Letter to Mr. Gregory D. Bennett
. e: Tustin Aute Wash — 535 W. Main Street
R September 30, 1 99.9
Page 2 i
ri the violations are not corrected by the dates indicated, the City Attorney will proceed
with the filing of a criminal complaint. The City Attorney will include you in the criminal .
complaint Cat your request because you have Parr of Attorney.
Sincerely,
a
0"61—'ev r
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Eli l ei'h A. Binsack
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Community unity De el prnent Director
cc: Leis E. Jefrey, Esq., City Attorney
F itaWe tfild, Assistant Communit y Dev l prn nt Director
George Wiesinger, Code Enforcement Officer i a
Scott Reekstin, Associate Planner
Rcamesh Ba-jaria i
Howa rd Fa rra n d
r\bus:InS ttu ,IUn auto wash.l tt t.d .
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ATTACHMENT E
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Y y RESOLUTION- N ;. 3695
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1 RESOLUTION NO. 3695
RESOLUTION r of THE PLANNING commissI N of THE CITY OF
TUSTIN, APPROVING AN AMENDMENT E1 T TCONDITION 1.3 of
RESOLUTION NO. 3534 FOR CONDITIONAL USE PERMIT'9 -005 AND
4 DESIGN REVIEW IEW 9 -999 EXTENDING THE DATE ,oF EXPIRATION of
.THE PROJECT APPROVAL TO JANE 1: 2000
The Planning Commission does hereby resolve as follows:
7 I. The PlanningCommissi n finds and .determines as follows.
-
8 .
A. That a proper application to amend Condition 1.3 of Conditional Use Permit
97-005 and Design+ F evie r 97-009 was filed by Greg Bennett on behalf of
10 the property owners, Howard Ferrand, Ramesh Bajaria, and Rekha Bajaria
i requesting an extension of the expiration date for Conditional Use Permit
11 9 -095 and Design levier --999 from December I, 1999, to December*
12 'i, 2001.
' B. That public heads was duly called, noticed and held on said applic tion
� p g
on October 11, 1999, by the Planning Commission.
1
15 C. That according to Condition 1.3 of Resolution No. 3534, approved by the
Planning Commission on November 111' 1997 and upheld by the City
16 Council on December 1, 1997, substantial construction was to be undervvay
17 by December 1, 1999, or the project approval would be null and void.
18 D. As of the date of this Exhibit, the applicant has not obtained building permits
for construction of the project and substantial construction is not underway.
1 20 '
E. That. on September 22, 1999, the applicant submitted a request for an
extension o the expiration date for Conditional Use Per-unit 97-005 and.
21 Design Review 97-009 from*December 1, '1999, �I
to December , 20011
pursuant to Condition 1.3 of Resolution No. 3534.
2
23 F. That the extension of the project expiration°date by twenty-four 2 months
to December 1, 2001 would, under the. circumstances of this case, be
24 detrimental to the health, safety, or general welfare of the persons residing
s working orking in the neighborhood of such proposed use, and' be injurious or
detrimental to the property and improvements in the neighborhood of the
26 subject property, or to the general welfare of the City. of Tustin, as
27
evidenced'by the following findings:
28 I. i That granting a two year extension may result in a lengthy period of
inactivity on the site. chile the Planning Commi.ssion originally
29 granted a two year period to corTm nce construction, the applicant
has not yet begun construction., "
Resolution No. 3695
Page 2
2. if construction did not begin} until Fall 2001, the original
4 environmental documentation for the project may be outdated.
s
Typically, environmental documents that approach five years are
considered outdated and must be revised to reflect current
condition .
i Although the applicant cited financial constraints as the justification
7 for,a two year extension, developrn nt a tiv.ity is strong throughout
the City and the County. Staff has worked with the applicant to t
minimize. the interruption of commercial activities during the
demolition and construction of the project to ensure the continuation
10
of a viable revenue stream. i
-
. The applicant initiated. the planhek process in June 1999. for
II demolition and construction of the project,and removed the existing
underground storage tanks in September 1999. During planhe } ,
pp .
12 the li.cant requested expedited plan hers leading staff to
13 believe that construction would begin immediately. While the plans
have required corrections, the applicant will be. able to obtain a
14 building permit shortly. In addition, building permits are considered
y rVa tive" fora period of six months. 1f building activity does not
proceed during those sic months,, theermit is considered inactive
16 and the applicant would be required to,renew the permit. Granting a
two year extension when the building permit is ready to be issued
17 may create an inconsistency between the life of the building permit,
1 --and the extension.
. There are property maintenance violations -on the property (i.e.:
19 illegal signage and inadequate building and site maintenance). since
Zo
the approval of the discretionary applications I ' the owner has
indicated a desire to rectify the violations through site
21 -redevelopment. Even though the City has granted numerous
extensions of time, the owner has not corrected the violations.
2
23 G. That the extension of the project expiration date by six,-(6) months to June
1, 2000-will not, under the circumstances of this case, be detrimental to the
24 health, safety, morals, comfort, or general Welfare of the}persons residing or
25 working in the neighborhood of such proposed use, nor b injurious or
detrimental to the property and improvern Onts in the neighborhood of the.
26 rop
subject property, or to the general welfare of the City of Tustin, as
p
evidenced by the following findings: T
7
28 1 Thatrantiin a sic month a tension irould encourage timely
g g
construction of the project.
29 2. That the approved environmental documentation for the project i
would remain adequate for the project.
3. That granting a six month extension would revitalize the project site.
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Resolution No. 3695 k
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. •That a building permit may be -issued shortly and ;the life; of the
4 buildingpermit would be generally consistent;with the extension.
. That granting a S'ix month extension with conditions would ensure
that the outstanding -code violations Vould be addressed in a timely
manner
throeg p
..h the site redevelopment or property maintenance
process.
7 - a
H. This project was addles g sed in a Negative Declaration foe Conditional Use
' Permit 97-095 and. Design Review =cog, {certified by the City council -on
r . December 1, 1997. .'
1
. = 1r, The Plar nin - Commrr fission (hereby approves n amendment to. Conditional Use
g
Permit 7-005 and Design Review r 7-00to extend the expiration date of said p ce t a�P orro aI froM' 'December 1, 19 g, to ,Juno 1, 2000, subject to the conditions
: J
12 contained-in Exhibit A attach edhereto.
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PASSED AND=ADOPTED by the Planning Commission of the city of Tustin, at a regular
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meetin on the•l Ith day of October, 1999.
1 .
17 -:
STEPHEN V. KOZ K
t Chairperson
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ELIZABETH A. BINS ACK
23 Planning c rx missi n Secretary
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R6solution No. 3695
Page 40 +
STATE OF CALIFORNIA
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COU[CITY OF ORANGE
CITY OF TUSTI ! F
tnd r l nod herb , ,cern that I ani the Planning
I, ELIZABETH A. INSACK, the f
Cori mission. Secretary of the Planning Commission of the City of Tustin, California; that.
.7 Resolution'. No. 3695 was duly 'passed, and adopted at a regular meeti.ng of .the Tustin
Planning Commission, held'on the 1..Ith day of' tob r; 1999.
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11 ELIZABETH A.• BINSACK
4
Planni'ng Commission Secretary
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AMENDMENT TO CUP 97,.005 AND DR -0.09
CONDITIONS F APPROVAL
RESOLUTION NO, 3695
GENERAL
1.1 Condition 1.3 of Planning Corrimission Resolution Cho. 3534 shall be
+amended to read:
"The subject {project approval shall become null: and void unless
permits for the proposed project are issued a:nd substantial
construction is, underway by June 1, 2000.. N further tune
extensions may,be considered.,
_ 1.2 with the exception of Condition 1.3 of resolution No. 3534, all remaining
conditions of approval contained in Planning. Commission Resolution loos.
3533 353 353 Cit Council Resolution- loos. 97-114, 9.7-115-1. 97-1161
and those-contained in the Amendment to Design Review r 9 -009 approval
letter dated February 2, 1999 shall co ntinue:to apply to this project..
1.3 The property owner shall rectify all outstanding code violations in
accordance with the timeline identified in the letter to Gregory. D. Bennett,
Poorer of Attorney: �p dated September 30, 1999. 1f all code violations are not
rectified: in a manner meeting the. ap roval -of the Director; of Community
Development in accordance with the letter dated September- 30, 1999, this
amendment to Conditional, Use Permit 97-005 and Design Review 97-009
shall become null and void. 1 +.
** 1.4 The-property owner shall maintain the property in such a manner as t beep
thero e: free from greeds, trash, :refus-e, dead vegetation, 6tc. Further,
p p
the-property owner"§hall also maintain them site in such a manner as, to
prevent further violations cif the Tustin City Code regarding, but. not limited
�napprcp
t ,. such issues as ' n e, panting compliance, n to uses, and
• noise. Finally, the owner shall maintain the• i-nprovernents n the
property�
site,to prevent occurrences of cracked pavement, faded panting lot striping.,.
cracked or peeling paint/building finish, broken or dilapidated signage,
inoperative. parking lot lighting, graffiti, and all other standards contained in
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the City of Tustin Property Maintenance Ordinance.
Y
{
_ SOURCE CODES -
r`f{f STANDARD CONDITION b RESPONSIBLE NSIBLE AGENCY -
1
2 CEQA MITIGATION REQUIREMENTS
LFII EMEr TS
(3) UNIFORM-BUILDING-CODE/S LANDSCAPING GUIDELINES
(4) DESIGN REVIEW' 7 PC/CC POLICY
}
** ' EXCEPTIONS
k
Resolution No.3695 - .
October 11, 1999
Page 2
(1) 1. Any violation of any of the conditions imposed is subject to the imposition of
a civil penalty of $100-00 for each' violation "and each day the violation
exists.
(1) 1.6 The applicant shall be responsible for costs associated with any further
code enforcement actin. -
(1) 1. The applicant shall hold harmless and defend the City of Tustin from all
claims and liabilities arising out of a challenge of the City's approval for this
project. -
(1) 1.8 Approval of an amendrhent to Conditional Use Permit 7-0.05 and Design .
Review r -009 is contingent upon the applicant and property owner signing
i - and returning, by October 1 , 1999, an "Agreement to Conditions Imposed"
form as established by the Director of Community Development.
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ITEM#4
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eport to t'he
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- Ianning Commission
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DATE. OCTOBER 11, 1.999
SUBJECT:, CITY COUNCI LACT]0 N ADEN DA, OCTO 8ER , 1999
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i PRESENTATION: ELIZA ETH . BINSACK, DIRECTOR
ECT F
COMMUNITY DEVELOPMENT DEPARTMENT r
-ATTACHMENT: CITY C t'UNCI L'ACTI I AGE1 A---- OCTOBER 4, 1999
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~ ACTION AGENDA
CITY COUNCIL,REGULAR MEETING
. OCTOBER 4, 1999
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7:03 P.MCALL TO ORDER
GIVEN . INVOCATION - Mr. Steve Garrison.
PRESENTED PLEDGE DF ALLEGIANCE - Tustin Girl ,Scout Flag Patrol'
COLORS
ALL PRESENT ROLL CALL
PUBLIC INPUT _
AL ENDER-LE; � _ � PRESENTED. PETITION AND REQUESTED STREET NAME
ROBERTA CLEARY; CHANGE FROM BRUNO. DRIVE TO BRUNS DRIVE. STAFF _
JOAN THREADGILL: RESPONDED THAT THE'MAT;TER.WOULD 'BE AGENDIZED
FOR COUNCIL. CONSIDERATION.
ERIN NIELSEN; EXPRESSED1 OPPOSITION 'TO PROPOSED STATE LEASE
GREG MOORE; AT ONELOCATION 1N TUSTIN TO ESTAB,USH APAROLE
•
JEAN[NE PHILIPS: OFFICE. MAYOR RESPONDED THAT OF THE THREE
POTENTIA. SITES, THE CITY HAD SUCCESSFULLY
ELIMINATED TWO AND WOULD CONTINUE EFFORTS TO
ELIMINATE THE THIRD LOCATION.'
PUBLIC HEARING ( ITEM 1 )
CLOSED PUBLIC 1. ACTIONS RELATING TO-JOINT PUBLIC HEARING IN.
HEARING; CONNECTION WITH THE 1999 AMENDMENT TO THE .
-CONTINUED ITEM REDEVELO.PMENT.PLAN FOR THE SOUTH CENTRAL
TO 10/18 MEETING'.'- AREA REDEVELOPMENT PROJECT
The City Council is requested to open and hold a joint
public hearing • of the City Council ' and the
Redevelopment Agency on the 1999- Amendment to the
. _ Redevelopment. Plan for the South Central Area
Redevelopment Project. The 1999 Amendment
proposes to re-establish the Agency'seminent domain
authority for twelve years.
. Recommendation by the Redevelopment, Agency staff:
Action Agenda,—CityCouncil October 4, 1999—Page 1
RL
I. Transmit and receive the proposed 1999 Amendment
and Report to City Council.
• 2. 0 en and hold the joint publichearing of the City
Council and the Redevelopment Agency on the
proposed 1999 Amendment to the Redevelopment
Plan f6r the ' South Central Area Redevelopment
Project.
3. Take public testimony.
4. Close the joint public hearing.
5. Schedule action on the Ordinance adapting the 1999
Amendment to October 18, 1999, and instruct staff to
prepare . written responses to written objections
received on the 1999 Amendment. .
CONSENT CALENDAR ( ITEMS 2 THROUGH 13 }
APPROVED 2. APPROVAL OF MINUTES — SEPTEMBER 20, 1999
REGULAR MEETING
Recommendation: Approve the City Council. Minutes of =s
' • - September 20;-1999.
APPROVED 3. APPROVAL OF DEMANDS AND RATIFICATION OF
PAYROLL
. Recommendation: Approve Demands in the amount of
$710,983.16 and ratify Payroll in the amount of
$379,703.08.
APPROVES 4. CENSUS 2000 UPDATE
Recommendation; Receive and file subject report as
recommended by the Community Development
Department.
APPROVED 5. PROJECT FUNDING , FOR THE MOTOR VEHICLE
REGISTRRTI,ON SUBVENTION FUNDS (ASSEMBLY BILL
2766) PROGRAM
Recommendation: (1) Authorize the use of City AB 2766.
funds for the Tustin Commuter Rail Station, and (2)
Authorize the City Manager to approve additional AB
2766 expenditures, consistentwith Air.. Quality
. Management District guidance, throughout the 1999-00
program year' as needed 4 as recommended by the
Community Development Department. .
Action Agenda —.City Council October 4, 1999 — Page 2
APPROVED 6. AWARD 0F CONTRACT FOR HOUSING ELEMENT
PREPARATION
Recommendation: Authorize the Community
Development Director to enter into a contract with The _
PlanningCenter for preparation of the mandated 1998- •
P p
' 2005 City of Tustin Housing Element as recommended
by the Community Development Department.
RECEIVED 7. YEAR 2000 PLAN UPDATE REPORT — OCTOBER
AND F'IL.ED Recommendation: Receive and file Subject report as
recommended by the Finance and Community
Development Departments.
APPROVED 8. AUTHORIZATION TO EXECUTE A MEMORANDUM OF
AGREEMENT UNDER SECTION 106 OF THE NATIONAL
HISTORIC PRESERVATION ACT FOR THE MCAS TUSTIN
PROJECT
Recommendation: Approve the Section 106
Memorandum of Agreement for MCAS Tustin subject to
corrections requested by the City and authorize the City-
Manager
or Assistant City Manager to execute said
Agreement subject to� approval of the City Attorney as
recommended by the Assistant City Manager.
APPROVED 9: APPROVAL OF. AMENDMENT N0. 1 TO THE MASTER •
FUNDING AGREEMENT N0. C-95-993 WITH ORANGE .
COUNTY TRANSPORTATION AUTHORITY FOR
PROJECTS FUNDED BY MEASURE M
Recommendation: Approve Amendment No.. ]. to
Cooper'ative Agreement No. C-95-993 with the Orange
CountyTransportation Authority, and authorize the
Mayor and City Clerk to execute the agreement on behalf
of - the .City as recommended by thePublic Works
Department/Engineering Division.
tl
ADOPTED 10. RESOLUTION N0. 99-83 - A RESOLUTION OF THE CITY
RESOLUTION - COUNCIL OF.THE CITY OF TUSTIN, CALIFORNIA,
- N0. 99-83 ACCEPTING THE WORKS OF IMPROVEMENT AND
AUTHORIZING RECORDATION OF A NOTICE OF
COMPLETION FOR THE BAST TUSTIN LANDSCAPE
REPLACEMENT PROJECT (CIP N0. 700159)
Recommendation: Adopt Resolution No. 99.83
accepting said works as complete and authorizing the
recordation of-the Notice of Completion and direct the
City Clerk to: (1). Release the Labor and Materials Bond
not sooner than thirty-five (35) days after thet date of
recordation of the Notice. of Completion; and (2) Release
• Action Agenda --City Council October 4, 1999 — Page 3
.. - the Faithful Performance Bond not sooner than one year
after the date of recordation of the Notice of Completion
as recommended by the Public Works Department/
Field Services Division.
ADOPTED 11. RESOLUTION N0. 99-72 - A RESOLUTION OF THE .CITY
RESOLUTION COUNCIL OF THE CITY OF TUSTI N, CALIFORNIA,
N0. 99-72 AUTHORIZING THE DESTRUCTION OF CERTAIN FILES
Recommendation: Adopt Resolution .No. 99-72
authorizing destructiori of Engineering records as
recommended by the Public Works Department/
Engineering Division.
APPROVED 12. SOLID WASTE FRANCHISE AGREEMENT AMENDMENT
N0. 5
Recommendation: .Approve Amendment No. 5 to the
Agreement for the Collection and Transportation of Solid
. Waste Refuse with Great Western Reclamation, a division
of Waste Managerrment, Inc. as recommended by the
Public Words Department.
RATIFIED 13. PLANNING COMMISSION ' ACTION AGENDA —
SEPTEMBER 27, 1999
AIL actions of-the Planning Commission become final =-
unless appealed by the 'City Council or, member of the
'
public.
Recommendation: Ratify the Planning Commission
Action Agenda of September-27, 1999.
REGULAR BUSINESS ( STEM 14 )
CONTINUED 14. ABOVE GROUND CABINET DESIGN GUIDELINES AND
ORDENAN,CE
Ordinance No. 1213 and the Above Ground 'Cabinet
Design Guidelines wou.id establish regulations pertaining
to the installation of above ground cabinets for the
public right-of-way. .
Recommendation by the Community Development
Department:
1. Have first reading by title only and introduction of the
following Ordinance No. 1213:
ORDINANCE N0. 1213 — AN ORDINANCE OF THE
i` CITY COUNCIL OF THE CITY OF TUSTIN,
Action Agendas City Council October 4, 1999— Page 4
CALIFORNIA, ADOPTING REGULATIONS FOR' ABOVE
GROUND CABINETS WITHIN THE CITY'S RIGHT OF �
WAY
2. Adapt the following Resolution .No. 99-84:
RESOLUTION' N0. 99=84 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF TUSTIN,
. _ CALIFORNIA, ADOPTING ABOVE GROUND CABINET,
DESIGN GUIDELINES
PUBIC INPUT
BERKLEE MAUGHAN: QUESTIONED COUNCIL'S LEGAL,AUTHORITY TO EXTEND
THE SOLID WASTE CONTRACT, STATED BID .PROCESS
WAS. 'BEHIND SCHEDULE, AND REQUESTED CITY
ATTORNEY LEGAL OPI-NION REGARDING CONTRACT
EXTENSION.' STAFF RESPONDED EXTENSION WAS A
. "FAIL SAFE" MEASURE TO INSURE CONTINUED SERVICE,
BID PROCESS WAS ON SCHEDULE, AND A- STATUS
REPORT WOULD BE PROVIDED TO THE.000NCIL.
DEAN KARELS: . . COMPLAINED • AOOUT�' THE STREET SWEEPING' •
SCHEDULE. MAYOR REQUESTED HE CONTACT -THE.
PUBLIC'WORKS DIRECTOR.
OTHER BUSINESS / COMMITTEE REPORTS
DOYLE: STATED HE HAD BECOME THE MEDIA ' ONE
SPOKESPERSON AND HAD RECEIVED COMPLAINTS
REGARDING ABOVE GROUND "ROCK" CABINET .DESIGN
AND SERVICE.
f '
ENCOURAGED' EVERYONE -T0 PARTICIPATE IN TILLER
DAYS EVENT ON OCTOBER 8, 9 AND 10.
EXPRESSED DISPLEASURE WITH A .MEMBER :OF THE
COMMUNITY WHO FOR POLITICAL REASONS HAD GIVEN
FALSE STATEMENTS TO� THE COMMUNITY REGARDING
THE COUNCIL'S POSITION ON THE PAROLE OFFICE
. ISSUE, AND CLARIFIED THAT THE COUNCIL WAS
ADAMANTLY OPPOSED TO A PAROLE OFFICE IN TUSTIN.
Action Agenda—City Council-October-4, 1999—Page'5
PQTTS: REQUESTED �CLAR[FICATION REGARDING CANDY
` THROWING AT TILER DAYS, STAFF RESPONDED THAT
CANDY COULD . NOT BE THROWN SROM MOVING
VEHICLES, WALKERS WOULD BE UTILIZED, AND CANDY
MUST BE WRAPPED.
STATED A WELCOME SIGN: HAD NOT YET BEEN -
INSTALLED ON JAMBOREE AND REQUESTED STATUS.
EXPRESSED HIS SUPPORT FOR, HIRING A SECOND
SENIOR CENTER VAN DRIVER.
COMPLAINED ABOUT LANDSCAPING ON JAMBOREE AND
REQUESTED CLARIFICATION IF IT WAS THE
RESPONSIBILITY OF TCA OR THE CITY.
SALTARELLI: COMPLAINED ABOUT LANDSCAPING IN VICINITY OF
. JAMBOREEIEDINGER, AND REQUESTED REMOVAL OF
BARBED -WIRE FENCING. STAFF RESPONDED CERTAIN
CONDITIONS WERE IMPOSED BY. THE NAVY AND THE
MATTER WOULD BE INVESTIGATED.
REM-INDED- COUNCII.MEMBER - DOYLE THAT , ONLY s
• - DURING THE FfRST SIX `MONTHS OF DOYLE'S TERM' DED
_ DISAGREEMENTS OCCUR.
REIUIlNDED EVERYONE TO PARTICIPATE AND .ENJOY
• TILLER DAYS.
REMINDED COMMUNITY DEVELOPMENT DIRECTOR THAT
OHIO STATE HAD BEEN DEFEATED.
THOMAS: REPORTED THAT LAURELWOOD DEVELOPMENT'S'
APPROACH ' APRONS WERE DETERIORATING AND
REQUESTED 'CLARIFICATION IF THE FINANCIAL
RESPONSIBILITY WAS THE CITY'S OR THE PROPERTY
OWNER'S.
. EXPRESSED DISPLEASURE THAT A MEMBER 0F THE
COMMUNITY, FOR POLITICAL REASONS, HAD GIVEN
FALSE STATEMENTS TO THE PRESS REGARDING THE
COUNCIL'S . POSITION ON ' THE PAROLE OFFICE, AND
EMPHASIZED THE COUNClI. WAS -OPPOSED TO
ESTABLISHMENT 0F A PAROLE OFFICE IN TUSTIN..
Action Agenda —City Council October 4, 1999 — Page 6
r WORLEY: - REPORTED ON GUN' VIOLENCE STATISTICS QUOTED IN
ARTICLE PUBLISHED .IN A MAYOR'S MAGAZINE.
NOTED RECENT NEWSPAPER ARTICLE ON SHORTAGE OF*
LiGHTED 'SOCCER FIELDS :IN ORANGE`COUNTY, AND THE
CITY'S . AGRE.EMENT- WITH . THE- SCHOOL DISTRICT
SHOULD .HELP.ALLEVIATE THAT PROBLEM.
REPORTED 'RESIDENTS HAD EXPRESSED OPPOSITION
. TO COUNTY INSTALLATION OF STOP SIGN ON SKYLINE
DRIVE.
REPORTED ORANGE COUNTY F1RE AUTHORITY BARD
HAD ADOPTED AN'AMENDMENT OFFERING MEMBERSHIP
- CITIES A RE-NEGOTIATED 10-YEAR `CONTRACT, AND
TUSTIN WOULD BE REVIEWING THE AMENDMENT .IN THE
NEAR'FUTURE.
ANNOUNCED MAYOR'S PRAYER BREAKFAST WOULD BE
• .' - HELD ON NOVEMBER-:L8TH.
ANNOUNCED CLOSED SESSION - The City Council shall convene in closed
` session to 'confer with the City Attorney regarding pending
. -
litigation:--to-which.-the City is a party: (J.) Sara Pashalides v. -�
_ City of: Tustin, et.al., OCSC Case No. 80187.5; and (2)40,
Diamond- Cab, et.al. v. City of Tustin, et.al.;, OCSC. Case No.
813738; and to' confer regarding significant exposure to
litigation pursuant to Government Code Section '54956.9(b)
two.cases.
8:55 P.M: ADJOURNMENT The next regular meeting of the City
Council is scheduled for Monday, October 18, 1999, at 7:00
. P.M. in-the 'Council Chamber at 300 Centen�nial Way.
4
e
Action Agenda'—City-Council October 4, 1999— Page,7
ACTION AGENDA .
REGULAR MEETING OF THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY
. 00TOBER 4, 1999 de
7;20 P.M. CALL TO ORDER
ALL RRESENT ROLL CALL
PUBLIC HEARING ( ITEM 1 )
CLOSED PUBLIC 1. ACTIONS RELATING TO JOINT PUBLIC HEARING IN
HEARING; -CONNECTION WITH THE 1999 AMENDMENT TO THE '
CONTINUED ITEM REDEVELOPMENT .PLAN FOR THE SOUTH CENTRAL
TO 10/1.8 MEETING AREA REDEVELOPMENTPROJECT
The Agency is requested to open and hold a joint public
Bearing of the City Council and Redevelopment Agency
on the 1999 Amendment to.the Redevelopment Plan for
the South Centra! Area Redevelopment Project. The
1999; Amendment proposes to re-establish the Agency's x
• - eminent domain authority for twelve years.
Recommendation by the Redevelopment Agency staff:
1. Transmit and receive the proposed 1999 Amendment
and Report to City Council.
. 2. Open and hold the joint public nearing of the City
Council and the Redevelopment Agency on the
proposed 1999 Amendment to :the Redevelopment
Plan for the South Central Area Redevelopment
Project.
3. Take public testimony.
. 4. Close the joint public hearing.
5. Schedule action on the Ordinance adopting the 1999
Amendment to October 18, 1999, and instruct staff to
prepare written responses to written objections
received on the 1999 Amendment.
•
Action Agenda—Redevelopment Agency October 4, 1999—Page 1
REGULAR BUSINESS ( ITEMS 2 THROUGH 3 )
APPROVED 2. APPROVAL OF MINUTES — SEPTEMBER .20, 1999
REGULAR MEETING
Recommendation: Approve the Redevelopment Agency
Minutes of September 20, 1999.
{
APPROVED 3. APPROVAL OF DEMANDS
Recommendation: Approve Demands in the amount of
$25,126,33.
NONE OTHER BUSINESS
NONE CLOSED SESSION - None
8:20 P.M. ADJOURNMENT - The next regular meeting of the
Redevelopment Agency is scheduled for Monday, October
183 1999, at 7:00 p.m. in the Council Chamber at 300
Centennial Way.
J•4
Action Agenda—Redevelopment Agency October 4, 1999—Page 2